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REYNOLDS HISTORICAL 
GENEALOGY COLLECTION 



ALLEN COUNTY PUBLIC LIBRARY 




3 1833 00730 8585 



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the Internet 


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https://archive.org/details/publications06oxfo_0 



MAGDALEN COLLEGE 

AND 

KING JAMES II 



PRINTED BY HORACE HART, PRINTER TO THE UNIVERSITY 



MAGDALEN COLLEGE 



AND 



KING JAMES II 



1686— i688 



A SERIES OF DOCUMENTS 



COLLECTED AND EDITED BY 



THE . REV. J. R. BLOXAM, D,D. 

LATE FELLOW OF MAGDALEN' COLLEGE 



VV I T H ADDITIONS 



PRINTED FOR THE OXFORD HISTORICAL SOCIETY 
AT THE CLARENDON PRESS 

1886 / 

\^AU rights rcSt^rveJ ] 



1630721 

s ... 

CONTENTS. 

FACE 

T.NTRODUCTION • vii 

Appendix to Introduction : — • 

TiiE Present Volume • • xxxi 

Manuscripts . . . , . . . . . . xxxii 

Bibliography . . . xl 

List of Documents . .■ . . ■ . . . . . . . xlii 

Errata . , " . / . - I 

DOCUMENTS . . . -. 1-274 

Index to Documents, etc. . . . 277 



INTRODUCTION. 



} L is seldom that the annals of a private Corporation can 
aspire to furnish more than a remote basis for the national His- 
tory. The transactions which such documents record may with 
many similar events be taken as materials from which a general 
account of the times m.ay be constructed ; but the events them- 
selves, their circumstances, and the names of the actors, are lost 
in the infinite variety of details which go to make up that con- 
fused and changing current of human affairs, of which history 
can but presei've a dim and distant outHne. It has however been 
the fortune of Magdalen College, at one crisis of its existence, to 
be tlic scene of a contest which from the greatness of the issues 
it involved and the direct and immediate effect which it had upon 
the accepted principles of Government and the permanence of 
the then established dynasty, has been thought worthy by 
l^higlish historians to occupy a place in the main course of their 
narrative. The name of Hough appears in the pages of Hume 
of Lingard and of Macaulay when they review the disastrous 
policy of James H. The reasons for the remarkable prominence 
assumed by this particular incident in a long series of transactions 
identical in principle and of similar tendency may have been 
in pa;t accidental : but its intrinsic interest was quite sufficient 
justification for it. 

It seems not improbable that the affairs of Magdalen College 
might obtain a more general notoriety and enlist a wider 
sympathy in consequence of the position occupied by several of 
tlie Fellovrs of that period in the houses of great persons. Dr. 
Hnugb, upon u-hose title to the place of President the whole 
battle was fought out, was Chaplain to the Duke of Ormond, one 
of the most distinguished noblemen of the day. Dr. Younger, 
v hn retained his Fellowship througliout, v/ithout making any 
-Hibmission. was able to do so from being in attendance as chap- 



viii 



INTRODUCTION. 



lain upon the Princess, afterwards Oaeen Anne: while a former 
Fellow, Dr. Jcssop, discharged the same office in the household 
of the I.ari of Sunderland, the President of the Council and 
Secretary of State, by whom most of the King's movements in 
this affair were executed. 

The intrinsic importance of the event v/as due to its connexion 
with the King's systematic and determined efforts to dislodge 
the Church of England from the position guaranteed to her at 
the Restoration, and to secure the equality, if not the sole 
ascendancy of the adherents of the Roman mission. In pursuit 
of this object, and of the establishment of his own absolute 
authority, James set aside the rights and liberties of the subject, 
the sanctions of Acts of Parliament, and the whole system of 
official custom and tradition, by force of the prerogative. Tiiis 
course of action receiv'ed a rem.arkable illustration, and appeared 
embodied iri a single instance in the case of IMagdalen College. 
The measures there attempted were an overt and undisguised 
step towards opening the chief seminaries of the ■ Church of 
England to Roman influences and occupation. 

It is true thai in the year before (i6S6) a nevv convert to that 
Communion had been appointed Dean of Christ Church ; and 
that the Master of University College, with some few P'ellows, 
had also received dispensations from attending the English Ser- 
vice, and from everything inconsistent with their allegiance to the 
Church of Rome : but the whole of these circumstances were not 
generally known ^, nor did they involve any such violation of 
individual consciences, or injury to freehold rights as was inevit- 
able if Farmer was to be made President of Magdalen, or Hough 
was to be dispossessed. 

Hume says, speaking of this latter stage of the proceedings, 
' This act of violence, of all those which v/ere committed during 
the reign of James, is perhaps the most illegal and arbiti"ary. 
When the dispensing power was the most strenuously insisted 
on by Court lawyers, it had still been allowed that the statutes 
which regard private property could not legally be infringed by 
that prerogative. Yet in this instance it appeared that even these 
were not now safe from invasion -.' When Hough was removed 

1 Hallam's CcnstiUUicnal Ilisiory, ch. xiv (vol. iii. p. 64. Seventh EJition). 
^ Hume's History of England, Ixx. 22. 



INTRODUCTION. 



ix 



from the oillce to which he had been elected; he became, as 
IhiUiiii puts it, tlie one man in this reign who 'had been 
dosp?:HcJ of his property 

■J he mode of action adopted in this instance by the King was 
similar to that by which the civic incorporations had already 
been brought Vvnthin his grasp. In the year 1683, during the 
preceding reign, upon occasion of a disputed election of sheriffs 
in uhich the King had interfered, a writ of quo ivarranio had 
licen issued against the City of London, and it was adjudged 
to have foi-feited its charter. The King agreed, upon the humble 
petition of the City, to restore the charter ; but upon condition 
that none of the city officers should in future be admitted to the 
execution of his office except upon his Majesty's approbation. 
In like manner most of t.lie corporations in England were in- 
duced to surrender their charters into the King's hands : and in 
this way all places of power and profit throughout the country 
were put at the disposal of the Crown-. In 1687 the Charter 
of Dublin and of all the corporations in Ireland was annulled 
by King James, and new charters were granted, subjecting the 
corpoiations to the will of the Sovereign. 

The same measures were now threatened against the aca- 
demical foundations to which the Church of England held an 
exclusive right, and on w^hich she depended for the education of 
her clergy. This implied a fresh exercise of the dispensing 
power, for which the King after removing four of the judges had 
latch, procured judicial sanction in the case of Sir Edward Hales 
(June 21, 1686), and which he had publicly asserted, although it 
had been three times denied to be legal by the House of 
Comm<>ns^, immediately before the commiencement of the pro- 
ceedings at Magdalen, in his Declaration of Indulgence (April 
4, '1687). 

That Declaration was professedly intended to relieve all classes 
of Nonconformists, as w^ell Protestant Dissenters as Roman 
Catholics, from all religious tests, and from all penal and in- 
capacitating statutes: but when it was applied to secure their 
admission to ecclesiastical or University offices or corporations it 

^ Haliam's Constitutional History, ch. xiv (vol. iii. p. S3. Seventh Edition). 

Set Hume's History, Ixix. 7, S. 
' rcb. 27, ; Feb. 14, 1672 ; Nov. 16, 1635. 



I 

t 



X 



INTRODUCTION. A.D. 1G87, March 24 



amounted in fact to an abrogation of the title of the Established 
Church. 

The critical position of the national religion was thus becoming 
more and more apparent : and the difficulties which the King 
encountered in his new attempt to push forward his attack upon 
it wxre as formidable as they were in all probability unexpected. 

The duty of passive obedience to the sovereign had long been 
a favourite doctrine in the University of Oxford. Only a few 
years before (July 21, 1683) it had passed a Decree in Convoca- 
tion 'against certain pernicious books and damnable doctrines;' 
the ninth of the condemned propositions being as follows : 
'There lies no obligation upon Christians to passive obedience 
when the prince commands anything against the laws of our 
country^.' Nevertheless, the President and Fellows of iMag- 
dalen, with the unquestionable support and sympathy of many 
other leading members of the University, including the Vice- 
Chancellor, offered an unyielding passive resistance to the King's 
mandates when they contravened the College Statutes : a resist- 
ance which continued until the time when the King's resolution 
finally gave way before the universal alienation of the affections 
and allegiance of his subjects, of which he became sensible when 
it was too late. 

It may not then be uninteresting to students of History to 
possess a full and minute collection of the records, chiefly con- 
temporaneous and original, v/hich recount the rise and progress 
of that famous struggle : between the Churches of Rome and 
of England ; between arbitrary and constitutional Monarchy ; 
between a King and a College. 

A short summary of the leading incidents, as gathered from 
the documents which follow, together with some remarks on the 
course of events, is here offered by way of introduction. 

Dr. Henry Clerke, President of Saint Mary Magdalen College 
in the University of Oxford, died March 24, i6(S7, at Gawthrop 
Hall, the house of his daughter Lady Shuttleworth, in Lanca- 
shire. The Vice-President, Dr. Charles Aldworth, had formal 
notice of his death on the 29th, being Easter Tuesday. 

Dr. Younger, one of the Fellows, who was Chaplain to the 

Collier's Ecclesiastical History, Part 11. Book IX. (vol. viii. p. 473, Latbbury's 
Edition.) 



i 



f 



INTRODUCTION. 



xi 



Prnicess Anne, had received information in London as early as 
the i^'th, in order that he might mxake interest with the King for 
ihr- vacant Prrsidcntship^ But he declined the opportunity : and 
advised Dr. Thomas Smith to use his efforts to secure the place. 
This last-named Fellow, who also resided in London, went on the 
Monday to consult the Bishop of Oxford, Dr. Samuel Parker 
(who was afterwards nominated President by the King), request- 
ing the Bi^liop to obtain for him the King's recommendation to 
ti^e College. But upon learning from the Bishop 'that the King 
expected that the person he recomm.ended should be favourable 
to his religion,' and that His Majesty would not be satished with 
such a pledge as he was ready to give, ' that he would make it 
his business to advance piety and learning, to keep men dutiful 
and obedient to the King s person and government and truly 
loyal, and to promote true Catholic Christianity ; ' he answered, 
'Then let who ^\ ill take the Presidentship for me; I will look 
no more after it-.' It is clear from this that the King's design of 
making the College subservient to the interests of the Roman 
Communion was already formed, and in a measure known : 
which accounts for the correspondence between the College and 
the Visitor, the Bishop of Winchester, which followed immediately 
upon the news of the President's death. 

A letter was written March 31st, by the Vice-President and 
Fellows, requesting his Lordship's advice and assistance : to 
which the Bishop replied the next day, pressing them to obsen/e 
the Founder's Statutes in the coming election, and naming the 
Bishop of Man, Baptist Levinz, a late Fellow of the College, as 
statutably ciualified'l This prelate would doubtless have been 
elected, if he would have accepted the office. But though 

' Letters of recornmendation to the Electors to places on College foundations were 
very frequently issued at this period. Two, if not three, of the last previous elections 
f'f President had been determined in this way. Even in such small matters as the 
choice- of candidates for Demyships Royal Letters were not uncommon. James I 
sont one to President Langton in favour of Edward Hyde, afterwards Earl of Clarendon, 
i.shich was disregarded: and the Earl, when he was Chancellor, wrote to President 
Oli' :;r r-rain<ung him how he had been employed by Charles I to tell him 'that it 
he !h;aself should at any time recommend a person who was not in manners and learn- 
ing very fully qualified for the favour, he would never take it ill if he were rejected 
and another chosen more fit:' from which it is clear that. such recommendations were 
t.' ' -.^ri'ited ai po>:es.-i!ig constitutional authority, but merely by way of iniluential 
p'>.;r'-.i;ugc. See iJlowiufs Mag.Liiat Co/Zcgv A'c.jis/ey, vol, v. pp. 85, 87. 



xii 



INTRODUCTION. 



A.B. 1687, April 5 



he at first said he would stand, and, if elected, would 
zealously inaiiilain the Statutes in opposition to the Man- 
damus,, he afterwards, upon the remonstrance of his brother, re- 
fused the lionour ^. The Mandamus he alluded to was issued by 
the King on the 5th April, ' willing and requiring the College to 
elect and admit into the place of President his trusted and well- 
beloved Anthony Farmer, M.iV.,' and dispensing with any Statute, 
custom or constitution to the contrary. This Anthony Farmer 
had formerly been of St. John's, then of Trinit}^ College, Cam- 
bridge ; afterwards he had entered Magdalen Hall in Oxford, 
and had finally been admitted into Magdalen College, but not on 
the Foundation. He was therefore not qualified for the office of 
President under the Founder's Statutes, which restrict that oitice 
to such as aie or have been Pillows of Magdalen or New College; 
he was also a man of disorderly and scandalous character; 
and wjien the evidence against him came finally to be heard 
before the Fcclesiastical Commissioners, the Lord Chancellor 
Jeffries told him 'that that Court looked on him as a very bad 
man '-.^ 

On the Sth the Visitor wrote to the College recommending 
them to dravv' up an address to the King, setting forth the true 
state 0+" their case, and to send it with a letter of remonstrance 
from himself (which he enclosed) to Lord Sunderland. 

This Vv'as accordingly done next day (April 9th), and on the 
icth the College Petition representing Farmer's incapacity, and 
begging either to be left to act according to their consciences 
and their Founder's Statutes, or that the King would recommend 
such a person as might be m.ore serviceable to his Majesty and 
the College ^, was placed with the Visitor's letter in the hands of 
the Earl of Sunderland, by Dr. Thomas Smith and Captain 
Bagshaw, another of the P>llo\vs who had ridden a good part 
of the preceding night in order to reach London with it in good 
time. This Petition lay four days in his Lordship's hands, with 
a promise of his favour, and was then returned with the brief 
response, 'The King must be obeyed.' 'There is good reason,' 
says Dr. Routh, 'to believe that the King was unacquainted 
with the answer given by Lord Sunderland to the petition, and 
with the College ever petitioning before they elected Hough.' 

^ Note 2, p. 25. - No. 91. No. 19. ■* So in No. 309. 



—April 15. 



INTRODUCTION. 



xiii 



This statement seems to rest mainly upon Dr. Thomas Smith's 
reT)Oii. of an interview which he had with two of the Commis- 
h' jncrs, the lii^ aoo of Chester and Baron Jenner, on the 15th of 
November; and his inference, from the way in which they 
qiic.-iioned him about the exact day on which he delivered the 
College Petition to Lord Sunderland, and that on which he 
received his answer: and on a conversation of James II with 
Dr. Ironside, then Vice-Chancellor of Oxford, which is also 
mentioned in Dr. Smith's Diary ^. 

The next day (April iith) Dr. Thomas Smith, having endea- 
voured to learn from the Chancellor through a friend the fate of 
the petition, began, as he tells us, to fear that Lord Sunderland 
had suppressed it 

On the 13th, Lord Sunderland himself said to Dr. Smith, in 
company with Captain Bagshaw and Dr. Jessop, a late Fellow^ 
v, ho was Chaplain to Lord Sunderland, ' Sir, I have delivered 
the Bishop of Winchester's letter, and your address, to the King : 
the King has sent down his letter to the College, and expects 
to be obeyed 

However tlus nMght be, no alternative to the election of his 
most ineligible nominee was offered by the King to the Vice- 
President and Fellows. 

Having therefore waited till the last day allowed by the 
Statutes, the great majority, having heard the King's answer 
from Dr. Thomas Smith, notwithstanding his advice, in which 
the ^^ice-President and tv.o other Senior Fellows concurred, 
that they should defer the election, and petition the King a 
second time, resolved to proceed in due course to an election. 
For some time they were running about the Chapel, in their 
surplices, or standing in knots and talking ; but when they had 
come to a conclusion one of the Seniors went to the Altar and 
began the Communion Service, upon which they all took their 
places, except Mr. Charnock, who had been elected by Royal 
Mandate, and v/as by this time a declared Papist, and IMr. 
Thompson, who was one of the band of Pensioners at Whitehall, 
who went out^ The rest having received the Holy Eucharist, 
and been sworn in order to the election of a President, John 



See No. izx: an l compare No. 19, no'e i, p. 17, and No. T12. 
- No. 24." ' ^ No. 1-. * No. ^i. 



V 

I 

i. 

! 
I 



xiv 



INTRO DUCTIOJV, 



A.D. 1G37, April 15 



Hough, B.D., was regularly and statutably elected : Mr. Char- 
nod: and Mr. Tbomp-on, \-ho had come back, declaring after- 
wards vivti voce for "Mr. Farmer, according to the King's Mandate. 
The meeting lasted nearly five hours \ The same afternoon an 
Instrument'-^ bearing the College Seal was drawn up and put 
into the hands of i\Ir. Maynard, the Fellow chosen to present 
the President elect to the Visitor, upon sight of which Mr. Hough 
was sworn and admitted by the Visitor without delay. 

He and his companion started from Oxford on the evening 
of the 15th; on the i6th he was admitted at Farnham ; and, 
having brought back a certificate to that effect from the Visitor, 
on the 17th, being Sunday, he took the prescribed and customary 
oaths, notwithstanding tlic Declaration of Indulgence, and v/as 
installed in tlic Chapel where he also took his seat as President 
at the 4 o'clock Prayers''. 

On the same day the Visitor received and answered a letter 
from Lord Sunderland, warning him against admitting Hough. 

The Visitor's defence was that he had acted according to the 
Statutes, and therefore had not violated his duty : a plea which 
is in substance repeated again and again throughout the long 
and tedious proceedings which followed upon this much contested 
election. 

The Vice-President and Fellows, in their answer to a letter 
from Lord Sunderland, dated April 21st, requiring them in the 
King's name to give an account of what they had done, express 
their confidence that ' a Loyal Society can never suffer in the 
hands of so generous and gracious a Prince, for what they have 
done out of a conscientious discharge of the trust reposed in 
them by their founder Shortly after (April 24th) they sent 
up a statement of their case, with extracts frorn the Statutes 
on which they relied, and an address to the King. Here they 
assert the same principles, saying that ' when they had on pre- 
vious occasions elected in obedience to the King's letters, it had 
always been in cases where the persons recommended had been 
every way qualified by the Statutes ; in which cases they always 
had been, and ever would be, ready to comply with his i\Lijesty's 
pleasure ^' ' a stubborn and groundless resistance to the Royal 

' No. 32. No. 37, ^ No }/>. * No. 48. ^ N';.. 4.J. 



I 



- June 22. 



LXTRODUCTION. 



XV 



Will ;ind pleasure being that which their souls eternally abhor ^' 
]v:i in the present case they find themselves reduced to the 
;.r;: .Tt 'nate necessity of either disobeying; his will, or violating 
I'ic;! cGnS'v.icnces (wliich his Majesty is studious to preserve) by 
a notorious perjury-. Their reasons for this statement are to 
i)c sought in the particular clauses of the College Statutes, to 
\;hicii tiicy refer^. 

it is clear that at this time the electors of Hough v/ere pre- 
^ai'i'.g to defend themselves, and it was soon necessary for 
ll.v'iu lo do so. 

On the 28th of May a Citation was ordered by the King's 
Commissioners for Ecclesiastical Causes to be issued against the 
X'icc-Presidcnt and Fellows, requiring them^ or such of them 
a:-; should be enipov."ered to represent tlie whole body, to appear 
at Whitehall on the 6th of June, to answer to such matters as 
should bo objected against them concerning the Election. 

At their first appearance on that day the Delegates obtained 
a week's respite: and on the 13th they gave in their Answer, 
and a copy of the Statutes'*. One of the Delegates.. Dr. Fairfax, 
'lad declined to sign the Ans^ver ; and desiring to be heard, he 
t^uestioned the jurisc'iction of the Court, for which, on the 32nd 
of the same month, he was by the Commissioners suspended 
fioni his Fellowship. 

The Answer signed by the Vice-President, and four of the 
other five Fellows chosen to represent the College, proceeds on 
the same line of defence as has been already indicated. 

It sets forth that the College is a Body Corporate, governed 
by local Statutes, granted to them by King Henry the Sixth, 
and confirmed by several others of his Majesty's Royal Pre- 
decessors, under the great Seal of England. 

That by these Statutes the Fellows are bound to elect as 
President a man of good life and reputation, who is or has been 
Fellow of their own or New College : and that every Fellow, 
he is admitted, swears that he will observe these Statutes, 

* Nc, 50. 2 js7q_ _|(^ and 50. 

^ A similar view had been taken before. In 1648 one of the ^^a5ter Demies, on 
i-cing examined by the Parliamentary Visitors, affirmed, 'I can acknowledge no Visitor 
tut -.he Biihop of Winchester without perjury,' Blo.xam's Ma'^^dalcn ColU^i Register, 



XVI 



INTRODUCl-'ION, 



A.D. 1687, June 22 



and will not procure, consent to, or make use of any dispensation 
contrary to this oath, or in contravention of these Statutes, from 
any authority whatsoever. 

They therefore, presuming that his Majesty never intended to 
dispossess them of their rights, had humbly represented by 
petition that they could not comply with his Letters in favour 
of Mr. Farmer, without the violation of their oaths, and the 
hazard of their property ; and having deferred the Election to 
the last day limited by their Statutes, they did then with all 
proper forms elect a person every way qualified to be their 
President ; and that the same person had been confirmed by 
their Visitor, the Bishop of Winchester ; and moreover, to the 
end that they m'ght not lie under his Majesty's displeasure by 
their proceedings, they had already, on the 19th of April, made 
humble representations thereof, by their Chancellor, 'setting 
forth their indispensable obligation to observe their Founder's, 
Statutes ^' 

Other particulars which were probably present to the minds 
of the Fellows, and may have weighed with them, are mentioned 
in existing drauglits on which this formal answer seems to have 
been founded; for instance, that Mr. Farmer was 'reported to 
have left the Communion of the Church of England, which the 
Fellows are bound to maintain ; ' ' that the election of a Presi- 
dent was not a matter of Ecclesiastical cognizance ; ' and that 
the Court before which they were summoned had been erected 
ui defiance of the Act of Charles I by which the Court of High 
Commission was dissolved. It is also put more plainly in 
another but apparently unauthorized version of the Answer that 
the King's Letters Mandatory had been, as they were per- 
suaded, issued under a misapprehension, both in regard to the 
King's right of appointment, and the character of Mr. Farmer, for 
which reason they hold themselves excused for non-compliance^. 

On the 22nd of June they supported their plea by allegations 
as to Farmer's unfitness for the office of President which led to 
the disappearance of his name from all future proceedings on 
the part of the King. The evidence which remains upon record 
is bad enough, and there appears to have been worse behind '■. 

The same day the Ecclesiastical Commissioners declared 



' No. 6S. 



No. 6'). 



'•^ No. 75 and 8j 



-Auruyt 28. 



INTRODUCTION. 



xvii 



Hou:fn's election void, and 'amoved' him from the place of 
V v-:v..!.-.>!>t; ^ lliny fJso suspended Dr. Aid worth from his office 
i-f \'icc- President, and Dr, Fairfax (as has been ah-cady stated) 
irviin jiis Felio\:si]ip ''. 

The Fellows in residence refused to take any part in the 
j;ublication of these sentences ; and it was not till the 2nd of 
Aiii'irst that copies were affixed to the College gates by officers 
v>f the Court ^. 

<)n tlie i8th of July the King issued an inhibition against the 
election or admission to any Fellowship or Demyship until his 
pleasure should be further signined ^- ; in spite of which Henry 
llolden, Probationer, v.^as admitted actual Fellow at the usual 
lime ; an act which was defended as being merely the consurn- 
liLition of a former election 

P>om this point the affairs of the College take another turn. 

Hitherto the offence urged against the Vice-President and 
I'ellovvS had been tiieir disobedience to the Royal I^Iandate in 
not electing and admitting Farmer President. But after the 
final hearing of the evidence against him, on the 29th of July, 
tills point was drop.'Cd, and ihe case turned upon tlie validity 
of Hough's election. The Commissioners had pronounced 
a;;ainsL it on t!ie 22ud of June; and on the 14th of August the 
King proceeded to act upon their sentence by issuing a Mandate 
fur the admission of Samuel (Parker), Lord Bishop of Oxford to 
the place of President ^\ 

Tliis prelate's acquaintance with tlie King's designs has 
already been proved by his communications with Dr. Thomas 
Smith. 

The IMandaie did not reach the College till the 27th of 
August. It w^as accompanied by a letter from Lord Sunder- 
land to the Senior P^ellow • ; and the day following Dr. 
Alexander Pudsey, who, in the absence of Dr. Fairfax, occupied 
that position in the College, v/rote as commanded to Lord Sun- 
derland, and stated that he had read the letters with all due 
difference in the Chapel that morning ; and that the answer 
■•-aniniously given by the assembled Fellows was 'that they 
humbly conceived the place of the President to be fulF\' 

» No. 75." 3 3 4 

'■' No. S7 and 10 -\ ^ No. 95. ' No. 96. *^ No. 9S. 

b 



I 



XVI 11 



INTRODUCTION. 



A.D. 1687, Aug. 28 



A similar notificatioii \vas sent to the {]ishop of Oxford, who 
Jiad v/ritien to request tliat, on account of the state of his health, 
he mi;Jit be admitted by proxy h 

After U)e interval of a week, on Sunday the 4th of September, 
the Fellovv's were summoned by Lord vSunderland to appear 
before the King- in the Dean's lodgings at Christ Church 

Twenty-one presented themselves. The King reproached 
them with having behaved to him undutifully and not like gen- 
tlemen : saying to them, ^ Is this your Church of England 
loyalty ? Go back and shew yourselves good members of the 
Church of England . . . and admit the Bishop of Oxford Head 

They were recalled that he might enquire into Holden's case, 
which the King declared to be a fresh aggravation. They twice 
offered a Petition upon tlicir knees ; but the King refused it, 
saying, ' get you gone, and immicdiately repair to your Chapel 
. . . and elect me the Bishop of Oxford forthwith, or else ye 
shall know wliat it is to feel the weight of a King's hand 

They accordingly returned to the College and met in the 
Chapel : but the answer returned by all but Charnock was that 
what the King required of them cUd not lie in their power. 
This answer was attested by a public notary and carried at 
once to Lord Sunderland ^ 

The Petition, v/hich the King refused to receive, was much 
the sam.e in substance as the statement sent to Lord Sunderland 
on the 24th of April, with the further observation that having 
in compliance vdth their Statutes, elected a President, they had 
conveyed to him all that right which their Founder had en- 
trusted them with, and that it did not lie in their power to admit 
any other This havang been rejected, a short Address to 
/ his Majesty, asserting the Fellows' loyalty, and their readiness to 
obey his Royal pleasure in any instance that should not interfere 
wdth or violate their conscience, was given on the 6th of Sep- 
tember to Lord Sunderland, to be delivered to the King at 
Bath 

The construction put upon this Address, though without much 
apparent reason, was that if the King should think fit by his 
own authority to make the Bishop of Oxford President, the 

^ Ino. (^y. - No. Toi. • ^' No. 102. " No. 102 and lo-;:;. 

^ No. no. No. 109. ' No. ir^. 



i 




INTRODUCTION. 



xix 



i.\ ]!i.\vs would readily ackiiovvledge and obey liim, provided they 
- J-'it be excused from electing him, a thing which they could 
)1 (] ' wiiliont breach of their oaths. 

'i'his inler[}retation of their words is given in a letter from 
l.'.jfd Sunderland to the Bishop of Oxford, dated the 9th of 
Sf[)teniber ^. The same course was suggested in certain queries 
sent aiionymously from Windsor on the 15th 

The Fellows replied on the 25th that they could not do so 
v.'iiliout violence to their consciences, and deliberate perjury. 
At the same time they gave an account of the case of President 
P;ond, the only President, as they alleged, who had ever been 
:idmitted without election ; and asserted that ' places concerned 
ktf the lieadships and Fellowships of Colleges are temporal 
|i jssessions, and cannot be impeached by sum.mary proceed- 
ings and that no Commissioners, whether in spiritual or tem- 
;^.)r;d cases, can proceed otherwise than according to Lavv^^. 

This of course referred to Hough's professed 'amotion' from 
the place of President by the Ecclesiastical Commissioners. 

During this stage of the proceedings there were several com- 
ir. juications held vvith William Penn, the Quaker, who had been 
Vvith the King at Oxford, and was said to stand high in his 
ilu'uur. . 

On the 5th of September he wrote a letter to the King in 
reference to the Fellows' declaration that they could not admit 
the Bishop of Oxford, according to the King's Mandate, without 
»he guilt of perjury, 'intimating that such mandates were a 
torce on conscience, and not very agreeable to his other gracious 
indulgences ^' 

Perm expre^^sed great concern for the welfare of the College; 
b i.t tiic I "resident does not seem to have trusted him, although 
'^e and. several of the Fellows went on the 9th of October to 
consult with him at Windsor '\ 

Pcnn then urged them to make concessions, though he would 
r!..i give them the slightest information respecting the measures 
■'Isivh the Pling designed to take against them. Reports had 
K': ta circulated that a writ of Quo warranto had been ordered to 
he issued against the College v/ith a view to its dissolution, but 



^ N.. 114. 



No. 1 1 8. ^ No. 12 1 

No. 1.3S and 1:9. 

b 2 



XX 



INTRODUCTrON, 



A.D. 1687, Oct. 9 



Pcnn said he kaew nothing in particular. However, the Pre- 
sident spo;-:e out. 'We have our Statutes and Oaths,' he said, 
' to justify us in all v;c have done hitherto ; but setting this 
aside v/e iiave a ReHgion to defend, and I suppose that you 
yourself v/ould think us Knaves if v/e should tamely give it up. 
The Papists have already got Christ Church and University 
College ; the present struggle is for Magdalen, and they threaten 
that in a short time they will have the rest.' 

To this Penn made some frivolous reply, on which Hough 
added, ' I see that it is resolved that the papists must have our 
College, and I think all that w-e have to do is, to let the world 
see that they iake it from us, and that we do not give it np.^ 

These words, \vhicii are from a letter of Hough's wTitten the 
same da}^ ^, ought to be remembered as throwing light upon his 
motives in the more intricate and technical disputes in wdiich he 
was soon afterw^a'ds engaged with the King's Commissioners, 

On the 17th of October the Bishop of Chester Thomas Cart- 
v/right, the Lord Chief Justice Sir Robert Wright, and Sir 
Thomas Jenner one of the P>arons of the Exchequer, having 
been adided to the Comimissioners for Ecclesiastical affairs, with 
particular power to them or any two of them to visit Magdalen 
College, held a meeting and issued their citation to ' Mr. John 
Hough, the pretended President, and also the Fellows and all 
other the Scholars and IMembers of the said College ' to appear 
before them in the Chapel on Friday, the 21st inst., to undergo 
their Visitation This citation was fixed on the College gates 
and on the Chapel door by a King's messenger on the 19th 'I 

Before leaving London the Commissioners had received in- 
structioriS fiom the Earl of Sunderland, and had had conferences 
with Father Petre, the King's Confessor, shortly afterw^ards ad- 
mitted to the Privy Council, and others. Dr. Thomas Smith had 
come to Oxford before them ; and as both he and two of them 
kept diaries which have been preserved, and other reports of 
the proceedings were made at the time, the records from this 
point become exceedingly minute and full. 

The Commissioners entered Oxford, attended by three troops 
of horse, on Thursday, Oct. 20th. 

In opening the Commission the next day, the Bishop of 

' Xo. ' No. 133. No. 140. 



- -Oct. 22. INTRODUCTION, . xxi 

Clicster made a grandiloquent speech in the College Hall on the 

\ duty of submission to the Royal authority. ' Never any true 

I on of the Cliurch of England,' he afhrmed, 'was or will be 

I UL-obcdient to his Prince. The loyalty which she hath taught 

\. us is absolute and unconditional 

Sin the afternoon, after asking for a copy of the Commission 
and being denied it, the President declared in the name of him- 

I >elf and of the greatest part of the Fellows ' that they submitted 

I to tho Vi^;itation so fai^ as it was consistent with the Laws of the 

I Land and the Statutes of the College, and no further'-'.' 

1; To this the Lord Chief Justice replied, ' You cannot imagine 

t ihat we act contrary to the Laws of the Land, and as to the 

: Statutes the King has dispensed with them.' The President 

^ asserted his continued obliq;ation to observe them. The abros^a- 

I f ion of the Mass was brought up against him, to which he replied. 

I Then the decree of the 22nd of June w^as read, declaring his 

I election null and void. The President took further exceptions to 

\ the proceedings and statements of the Commissioners, and they 
argued several points with him : the Lord Chief Justice asserting 
that 'a Mandate' for the election of a particular person (though 

\ utterly incapable) ' always implies an inhibition in respect of all 

I others.' 1 he Commissioners then demanded the College Re- 

I gisters, with an account of their Revenues, and of their Bene- 

I factors, and how their benefactions had been employed, and also 

! a co[)y of their Leases for the last two years. They then ad- 

I jfiurned till the next morning at nine o'clock, in the Common 

I Room : ' the Hall being, as they said, too public and incom- 

I modious^.' 

^ On the 22nd the President was called in alone, and asked first 

I whether he would submit to the sentence of the Commissioners. 

I He gave reasons for considering it a nullity. Then whether he 

r would deliver up the Keys of the President s Office and Lodgings 

I tVif the use of that person wdiom the King had appointed Presi- 
dent, 'My Lord,' he replied to the Bishop of Chester, 'there 
iR'iiior is nor can be a President so long as I live and obey the 

I Statutes of the College, and therefore I do not think fit to give 

: up my Right, the Keys and Lodgings.' After some further 

j .iicTcation the President was ordered to withdraw. When he 

i 'No. 149. 2 >;o. 1:5. ' No. 155. 



I 




xxii INTRODUCTION. A.B. 1687, Oct. 22 

had been called in again with the Fellows and had repeated his 
refusal to give up his Keys, the King's Proctor stood up and 
accused hin-> of contumacy, upon which the Bishop of Chester 
admonished him to depart peaceably out of the Lodgings, and 
no longer to act as President or pretended President of the Col- 
lege. They then ' struck bis name out of the Buttery Book and 
admonished the Fellows and others of the Society that they 
should no longer submit to his authority \' 

At the afternoon sitting of the same day (Oct. 23), after the 
Fellows had refused to admit the Bishop of Oxford President, 
Dr. Hough came in 'with a great crowd of followers-' and pro- 
tested against the proceedings of the morning, and all that had 
been done in prejudice of him and his Right, as illegab unjust, 
and null : * and therefore,' said he, ' I appeal to my Sovereign 
Lord the King in his Courts of Justice 

This speech was applauded by certain strangers and young 
Scholars in the room ' with a great hum,' which the Lords Com- 
missioners resented very much ^ : and the Chief Justice was so 
incensed therewith that he bound over Dr. Hough in ;^iooo, with 
two sureties in £^00 each, to appear before him at the King's 
Bench Bar on the 12th of November. The Bishop of Chester 
then in the name of the Commissioners dismissed his appeal as 
unreasonable and inadmissible The same day enquiries were 
made as to the Fellows' disregard of the King's verbal command 
at Christ Church, and Dr. Pudsey's lettc* to Lord Sunderland, to 
which they declared their continued adhesion. 

The next day (Oct. 23) being Sunday, the Earl of Sunderland 
wrote to acknowledge the receipt of the Commissioners'' account 
of tlieir proceedings which they had sent up on Saturday evening, 
and to promise the King's pardon to those F'ellows who might be 
brought to submit to the admission of the Bishop of Oxford as 
their President*^, enclosing a Mandate by virtue of which the 
Commissioners were authorised, in case the Fellows should per- 
sist in refusing to admit the Bishop of Oxford, to admit him 
themselves, either in person or by proxy 

On the 24th, as appears from Baron Jenner's Diary, Dr. Hough 
had a long, and it would seem friendly intcrviev/ with the Com- 



^ No. 160. 2 No. 170. ^ No. 166, &c. * No. 169. 

^ No. 169. ^ No. 173. ^ No. 174. 



-Oct. 25. 



INTRODUCTION. 



xxiii 



inissioners ^. He had quitted the College on the cveiiing of tlie 
2Znd^, and on the 25th he was dining, presumably m London, 
with the Countess of Ossory, the daughter-in-law. of the Duke 
of Orniond. She then uttered the remarkable words, Come, 
Doctor, be of good comfort : 'tis but twelve months to this 
day twelvemonth;' and that day twehv^emonth Hough was 
restored '\ 

It was thought at this time that the great body of the College 
would come to terms with the Commissioners. The Bishop of 
Oxford was installed by proxy in the Chapel on the morning of 
the 35th ^ and put in possession of the Lodgings: though none 
of the Fellows, except Mr. Charnock, would assist at either 
ceremony ; and the doors of the President's lodgings were broken 
open by a smith. The quesLi(.>a was then put to tlie members of 
the Foundation whether they would submit to the Bishop as 
their President. Their answer, which was given in writing in 
the afternoon, v/as extremely guarded : being that they would 
submit so far as v/as lawful and agreeable to the Statutes. There 
was a further condition which for some time they insisted on 
adriing, bur at last v/ithdrev/ upon the opinion of the legal mem- 
bers of the Commission that it was ' insignificant ' ; since notliing 
they CO aid do vxuld in any way invahdate Dr. Hough s title : 
and that was in the words, 'and in no way prejudicial to the 
Right and Title of Dr. Hough ^' 

Dr. Thomas Sm.ith submitted more unreservedly ^ Dr. 
I/'airfax, the Senior Fellow, who in the nior ling had delivered to 
the Commissioners a protest against their proceedings, and an 
argument against the doctrine that a Mandate implies an Inhibi- 
tion ; and Robert Gardiner, the Under Porter, refused to make 
any submission, and were expelled '. 

The same day the Commissioners reported to Lord Sunder- 
land, without m^entioning any qualifications, that all the rest had 
submitted : that they had left them in good temper, and the 
Bishop's servants in quiet possession : that they were satisfied as 
to their general conduct, and the application of their revenues : 
and that it would be best to leave any individual irregularities to 
be dealt with by the Bishop of Oxford as President according to 

^ No. 177. - No. t6S. ' No. 191. * No. 179-1S1. 

No. 1S6, 192. ' No. 1S4. ' No. 18S. 



XXIV 



INT ROD UCTIQN. A.D. 1GS7, Oct, 26 



the Statutes. Having thus exev-^utccl his Majesty's commands, 
lliey crave his gracious permission to return to London ^ 

They afterwards made some further enquiries as to the College 
chanties, with which they declared themselves more than satis- 
fied 2, dismissed a petition from Dn Benjamin Rogers, formerly 
Organist ^, and settled some other minor matters. They inspected 
the Leases, and affirmed the validity of those wdiich had been 
sealed after Dr. Hough's Election^. But they evidently con- 
sidered tliat their chief business was at an end : they were going 
about seeing sights, paying and receiving visits, and availing them- 
selves of the hospitalities of members of the University, while 
they impatiently waited for a summons to return. Li the mean- 
time the l ellows were much blamed by those who had sympa- 
thised with thcQi in their assertion of tlicir rights and liberties, 
for their compliance, and taunted by the Roman Catholics vith 
pusillanimity. A ' Magdalen College conscience ' became a 
proverb of reproach in Oxford ^ : while from other quarters they 
were encouraged to persevere in their resistance by promises of 
support and countenance from men of high position *\ All this 
may have had some effect upon their feelings and judgment, 
and made them less willing to submit. But any designs of com- 
promise in which they might have been willing to acquiesce, v/ere 
nullified by the action of the King himself. 

On the 27th Lord Sunderland wrote to the Commissioners sig- 
nifying the King's approval of the expulsion of Dr. Hough and 
Dr. Fairfax, whom he wished to have further punished by being 
incapacitated for all ecclesiastical preferment, and informing them 
that his Majesty considered the so-called submission of the 
Fellows to be nothing of the kind unless it were accompanied by 
an Address, • asking pardon for their late offences and obstinacy, 
and acknowledging the jurisdiction of the Court, and the justice 
and legality of its proceedings in the whole m.atter.' He also 
instructed the Commissioners to appoint two Roman Catholics 
to Fellowships in the College " : of whom one had been obliged 
to leave the place on the ground of his religion more than forty 
years before. On the 2Sth this letter arrived, much to the dis- 
comfiture of Baron Jenncr, who appears all through to have been 

^ No, i?9. - No. 195. " No. 197. * No. 203. No. 21c. 

^ No. 2:4. No. 2c6. 



Mov. 16. 



INTRODUCTION. 



XXV 



ashamed of iii? part in the Visitation, and to have been favourable 
to the College-'. The Fellows were summoned again and called 
i!['on to make t-ie required acknowledgment, which all who had 
been concerned in Hough's election refused to do. On the con- 
i\'z\ry\ they gave in a paper signed vith tv/enty names, in which 
they maintained that they had done nothing but Avhat their Oaths 
and Statutes indispensably obliged them to. They moreover ex- 
plained that they did not mean by their ansvv^er of the 25th that 
thity would obey the Bishop of Oxford as President, but only 
that they did not and would not oppose the Royal Authority 
which put him (in that capacity) into the College 

One of them who objected that the m.ode by which the Bishop 
had been put in possession was not legal, was suspended from 
the profits of his Fcllo\\"ship during his IMajesty's pleasure^. 

The same day (Oct. 28) the Commissioners set out on their 
joarney to London, without taking any further steps, although 
we learn from Baron Jenner that the Bishop (of Chester) ' was 
for expelling them all presently"^,' 

There v\'as then a pause in tlie succession of events until the 
i6tli of November, when the same Commissioners having been 
sent down arrived again with the same attendance of soldiers, 
and summoned all the Fellows of the College to appear before 
them^, the King having given directions to treat all w^ho should 
be absent as guilty and liable to expulsion 

The King also enjoined the Commissioners at this time strictly 
to ex-' mine into the management of the College affairs, and to 
see whether matter might not be found sufficient for a Quo 
IV ar ran to. 

The Bishop of Oxford had come to reside in the College as 
President on the 2nd^. On the i6th, after Proclamation had 
been made, the tw^o Roman Catholics named in the Earl of 
Sunderland's letter of the 27th of October were admitted Fellows, 
in accordance with the King's Declaration of Indulgence, with- 
out taking the Oaths of Allegiance or Supremacy^. The Bishop 
of Chester then made a speech ^ more fulsome and exaggerated 
than that on the previous occasion (Oct. 21). He told the 



^ See No. 213 and 337. " No. 207, 209, nnd 212. ^ No. 209. 

^ No. 213. ■ ^ No. 223. No. 226. ' No. 217. 

' No, 2:7, 229. No. 229. 



xxvi 



INTRODUCTION. 



A.B. 1687, K'ov. 18 



Fellows that ' their scruples were not such but that they might 
witliout sin have been s.'icrihced to their Prince's pleasure, as a 
peace-offerhig- to the Father of their country, to their Mother 
Church, and to the good of tliat and all other such charitable 
Seminaries of good learning and Religion' — sentiments which 
were thouglit every Vv'ay in character in the mouth of a candidate 
for the Archbishopric of York at that juncture ^. 

The form of submission and retractation, prescribed by the 
King was then read, and they \\'ere all called upon to sign it : 
which all who were concerned refused to do, and v/ere that day 
expelled to the number of twenty-five 

This was the first appearance of the Vice-President before the 
Oxford Commissioners, and he asked to be heard in his own 
defence. This was granted ; but when he said that to admit a 
stranger in place of Dr. Hough would be 'a giving up the 
Rights of the College to other uses than the Founder designed 
it,' he was interrupted, and told that the Statutes were overruled 
by the King's authority 

This was in fact the point in question throughout : wliether the 
King could arbitrarily and at his own discretion dispense v/ith 
Statutes which had been authorized as the Law of the Society 
to which they related, and moreover release members of that 
Society from the obligation of Oaths which they had taken to 
observe and maintain those Statutes inviolably. No precedent 
could be adduced for such wholesale dispensations as the King 
affected to grant ; and it was clear that if the principles which 
were asserted on his behalf were allowed, all property, no 
less than all Ecclesiastical benefices, and the whole system of 
Public \Vor:diip, would lie at his absolute disposal. 

Many of the Demies were ambitious to share the honour of 
expulsion for conscience sake, but the Commissioners declined 
to take account of them. Most of them were deprived, about 
the beginning of the next year (1688), by the intruded Officers, 
whose authority they persistently refused to own 

After the Visitors had returned to London it was proposed in 
the Ecclesiastical Commission that the expelled President and 
Fellows should be incapacitated for all Ecclesiastical appoint- 



^ No. 239. 



^ No. 229 and 231. 
* No. 236, 257, arid 267. 



3 No. 231. 



-A. D. 1888, June 1. INTRODUCTION. 



XXVI 1 



ments, and those who \s'ere not already in Holy Orders for 
Ordination'^. 

J]isl;op Sprat of Rochester, one of the Commissioners, speaks 
of this as cr-Liel-. Nevertheless after several debates, in the 
course of which the Lord Chief Justice Herbert gave it as 
his opinio-i 'That Dr. Hough's Election was regular^/ it was 
passed Dec. loth though by a majority of ^one only^,' and 
ordered to be sent to every Archbishop and Bishop. The pre- 
lates however do not seem to have paid much attention to it, 
as several of the deprived Fellows were instituted to livings 
during their year of expulsion ^. 

The public sym.pathy was strongly excited in favour of these 
'Confessors for the Protestant Religion"'.' Among other con- 
tributors the King's daughter Mary, the Princess of Orange, 
sent £200 to be distributed among them^. The Bishop of 
Oxford admitted more Popish Fellows and Demnes, including 
several Jesuits, upon the King's successive Pvlandates ^, much, as 
it would appear, to his chagrin; and on the 2ist of March he 
die ], in the Communion of the Church of England^*'. 

His successor to the title of President was Bonaventura 
Gifford. Bishop of Madaura, who was admitted upon the Pling's 
Mc.ndate on the 31st 

To him the King committed the full and sole power of 
admitting to P'ellowships, Demyships, and other places in or 
belonrnng to the College such persons as he should 'judge 
qualified according to the Statutes^-.' 

The College, as Dr. Thomas Smith says, '^now filling apace 
with Popish Priests, and others of the Roman Communion, they 
seized wholly upon the College Chapel for the uses of their 
religion.' Dr. Smith v\-ould have gone to Oxford to dem.and 

* No. 246. - , 

' 'I persisted immoveable in my Dissent from every Vote that passed against 
Magdalen College in Oxford ; from their verv^ first citation before that court, to the 
cruel incapacitatinor of the President and Fellows.' A letter from the Bishop of 
Roche -.ter to the Earl of Dorset concerning his sitting in the late Ecclesiastical Com- 
nussion. i6S3. p. 14. 

3 No. 246. * No. 252. 5 No. 253. 

' Bishop Frampton of Gloucester went f'anher, and refused institution to a Fellow 
presented by the Bi^liop of Madnura to the living of Slwi^bridge. See No. 2S.S. 
'' No. 224. No. 254. ^ No. :5s, 274, 276. No. 277. 

No. 279. No. 2S2. 



I 



1 



I 



xxviii 



INTRODUCTION. 



A.D. 1088, Aug. 3 



the use of the Chapel for the Service of the Church of England, 
but he v/as diGSuaded ^. On the 31 d of August he was expelled 

So far it had seemed impossible for a subject successfully to 
icsist the forces which the King could bring into play to bear 
down any opposition to his will. But it was not long before the 
complete failure of his arbitrary policy became apparent. 

After all the people's affection for liberty and zea.1 for religion 
had been excited by the trial of the seven Bishops, when the Army 
and Navy had given unmistakeable signs of rejecting the King's 
attempt to force the Roman Catholic Religion upon them ; and 
when the Prince of Orange was making preparations for an im- 
mediate expedition to England, the King had recourse to the 
advice of the Bishops whoin he had so long neglected, and so 
recently insultcd= On the 3rd of October the Archbishop of 
Canterbuiy, with the other Bishops v/ho vv'ere in London, ad- 
dressed his Majesty, recommending him among other things to 
restore the expelled President and Fellows''^. On the 5th the 
King dissolved the Ecclesiastical Commission and on the nth 
he ^ave orders to Lord Sunderland to v/rite to the Bishop of 
Winchester, directing him as Visitor of Magdalen College to 
settle that Society regularly and statutably ■\ 

l^he Ronic n Catholic Bishop Leyburn gave it as his opinion 
that the expulsion ' had been a spoliation, and that the posses- 
sion in which the members of his Communion now found them- 
selves was violent and illegal ^'.' 

The Visitor does not seem to have acted with the same 
promptitude on this occasion as he did at the beginning of 
the troubles: and being called away to hear the evidence on 
the Prince of Wales' birth, after his first arrival in Oxford, 
before he had taken any steps towards executing his commission, 
it was commonly believed that the King, being relieved from his 
immediate fear of the landing of the Prince of Orange, who had 

* No. 2S0 and 28 1. 

" ^ No. 286. Later in the year he was restored with the President and the rest of the 
Fellows: and was finally deprived of his Fellowship in July 1692, for refusing to take 
the oaLus to che Prince and Princess of Orange, as he calls them. He endeavoured to 
steer a middle course between resistance to the King's express will and complicity 
with his designs against the Church of England, and he found little favour Vvith either 
party. He v/ent occa donally by the name of Dr. Roguery ; and yet he seems to have 
been an '^ontrt and high-principled n:an. 
3 No. 2:9. * No. 291. No. -!92. ' Note, p. 253. 



-Oct. 25. INTRODUCTION. xxix 

been driven back by adverse vrinds, had repented of Ids repent- 
:uicc, and revoked his tardy conces.sions. 

A close companson of dates, however, shows that the unfor- 
tiinate coincidence v\-as merely casual^. The King v\'as much 
displeased to find that his orders to reinstate the Society had 
not been executed, and sent the Bishop back for that purpose 
with all speed ; and on the 25th of October, exactly twelve 
months after the Installation of Samuel Parker, John Hough 
and the rest of the legitimate members of the Society were re- 
stored, amid great rejoicings, to their places in the College, and 
the enjoyment of their statutable rights and privileges-. 

The exact legal and equitable position of the several parties 
in this protracted and memorable contest has always been open 
to debate, and will no cioubt continue to be a miatter on which 
there will be differences of opinion. Apart from that extreme 
view of the Prerogative on which the Lawyers especially among 
the King's supporters relied, as giving his Majesty power to do 
or undo an)1:hing, the strength of the King's case lay in the 
encroachments upon the Statutes in the matter of Elections to 
v/Lich the College nad already been a party; and (from their 
bearing upon the literal obligation of the oaths taken by the 
President and P^dlov/s) in the religious changes which had been 
made, since the time of the Foundation, in due course of Law. 

But none of the previous infringements of their Statutes to 
which the College had yielded at all equalled in extent or 
importance the complete subversion of their constitution which 
King Jam.es II demanded and attempted to effect. 

IMoreover perjury is inahnii in se, and as such beyond the scope 
of the King's power to enforce or sanction : and this seems to have 
been the reason for the repeated assertions of the Fellows that 
they could not comply with the King's commands without 
perjury. The King's agents appealed to precedents : but the 
only real parallel to Hough's case, or rather Farmicr's, was to be 
found in that of Walter Haddon, v/ho was thrust upon the 
College in the reign of Edward VI, without statutable qualifica- 
tion or election ; and with a similar purpose of transforming the 
Ecclesiastical system of the place by Royal authority. That 
attempt was only partially successful ; and subsequent events 

' Xo. 302. ' No 303. 



XXX 



INTRODUCTION, 



had shown that tlie times for such o. barbaric method of con- 
version v/ere gone b}'. The idea of constitutional, as opposed 
to personal monarchy, had grown in the meanwhile, and it was 
widely felt that, whatever might be the theory of the law, the 
Sovereign was not morally justified in setting aside of his own 
mere motion the legal claims and customary liberties of his 
subjects. 

The members of the College deserve the credit of having 
seen the critical nature of the occasion, and the important con- 
sequences involved in the questions respecting the elections 
v/hich came before them for decision ; of having, on the whole, 
taken their stand upon the great principles of ail good govern- 
ment ; and of having vindicated the freedom of conscience from 
arbitrary interference, and the stability of transmitted rights, 
whether of property or of action. 

Wuh this object they sacrificed their existing means of sub- 
sistence, and they risked their future ; and when ' things were 
running apace towards the endangering of our law^s and Religion-^,' 
they maintained the cause of the reform.ed Church of England 
and the s:ttl':d administration of the Law with a degree of 
sagacity moderation and firmness which entitles them to the 
approbation and gratitude of all who know the value of sober 
truth and even-handed justice. 

H. R. B, 



^ Bishop of Rochester's second letter to the Earl of I orset concerning his sitting in 
the late Ecclesiaitical Commission. Second Edition. 16S9. p. 11. 



i 



i 



APPENDIX TO INTRODUCTION. 



1. The present Volume. 

In i88.< the Rev. John Rouse Bloxam, D.D., of Beeding Priory, 
Upper Beeding, Susf^ex, late Fellow of DJagdalen College, compiler of 
seven volumes of the J^tgisftr of JMagdakn College (Oxf. 1853-81), pre- 
sented to his College a inanuscri]-,t volume containing his collection of 
papers connected with the attempt of James II to force a President 
on the College. The following extracts m^ay be made from his 
prefacs :-- 

' Some forty years ago I proposed to . . . (a publisher) that if he would 
publish the work on his ovrn account, I vrould gratuitously compile a narrative 
of the r:\-ents connected v. ith the attack of James II on Magdalen Coll e;:^-e. 
for which purpose I had already been collecting materials. He declined my 
ofter. . . . However, it is perhaps as well that the attempt v.as not m.ade at 
that time, for various sources of information have since been opened to me 
both in print and in manuscript, of which I have availed myself, and I now 
offer the result of my researches to my benefactors, the President and 
Fellows of INIagdalen College, the successors of Dr. Hough and his noble 
companions . . . 

I have only to add my thanks to those who have a; sisted in sending 
me books and manuscripts, in making tjanscripts of documents from the 
archives of Magdalen College, from the Bodleian Library, and elsewhere ; 
most especially to Major-General Rigaud, witliout whose unwearied labours 
I could scarcely ha\e euiered upon such a task in a secluded Parsonage; 
to Charles Lennox Peel, Esq., Clerk of the Privy Council, who has not only 
searched the Council books of James II for me, but has supplied me with 
copies of most valuable documents relating to the period in question ; to 
Edward jSL.und Thompson, Keeper of the Manuscripts at the British 
Museum; to the Rev. Henry Austin Wilson, Librarian of Magdalen College ; 
and to my old and kind friend, the Rev. William Dunn Macray, of the 
Bodleian Library. J.R. B.' 

S. Luke's Day, A.D. 1S84. ' 

The volume thus presented to the College is the ground and sub- 
stance of the present book. On the application of some members of the 
^ )\ford LLstorical Society, Dr. Bloxam at once conscnt.'J to allow the 



i 



XXXil 



APPENDIX rO INTRODUCTION 



documents to be printed, if he were relieved of the task of seeing the 
book through the press. Accordingly, about five-sixths of the collection 
are from Dr. Bioxam's manuscript and ni the form in which he tran- 
scribed theni — that is to say, slightly modernised in matters of punctua- 
tion, the use of capitals, and the writing in full of all contractions. The 
few omissions consist of lengthened biographies, portraits, a few side 
episodes not connected with the College, and some quotations from 
printed books. 

The additions consist of such MS. material as came to hand in the 
course of preparing the volume to go to press (see the acknovdedgements 
of help on pp. xxxii, xxxiv, xxxviii): but it was drought better that some of 
the colour, so to speak, and complexion of the originals should be retained, 
by the ex}>cclient (already attempted in the case of Hearne's Collections, 
now in course of issue by the Society) of reproducing such contractions 
and abbreviations as are by themselves easily intelligible, so far as 
ordinary type can represent them. It must be remembered that this is 
a collection of d:'ai?neuis, in printing which no uniformity is possible 
without the undesirable process of thorough modernisation. These are 
days in which the literary pubHc demands facsimiles in photozincograph 
rather than cdito:-ial changes, and welcomes any device which brings 
before it the appearance and entourage of the original paper, as well 
as the bare words of its contents. The additions then are printed in fac- 
simile style, and aie those marked in the body of the work as Braybrooke, 
Buckley or Johnston HIS., and in the List of Documents as Bk., By. or 
Jn. The rest are from the Compiler's volume and are reproduced 
exactly as they there stand. 

The Introduction has been kindly underuken by the Rev. H. R. 
Bramley, and the Index by the Rev. li. A. Wilson, both Fellows of 
IMagdalen College : the additional documents and all other letter-press 
have been contributed by F. Madan, Esq., of Brasenose College, who has 
taken , the v/hole through the press. 

2. Manuscripts. 

The following are the more important MSS. connected with the affair 
of Magdalen College (so far as is at present known), other than official 
documents of the Crown and College. 

(i) The Braybrooke MS., a folio volume in the possession of Lord 
Braybrooke, who has most courteously allowed the Society to make full 
use of it, for which grateful acknov/ledgement is here made. It contains 
die papers of the Rev. Charks Aldworth, Vice-PrcsiL'cnt of the College 



APPENDIX TO INTRODUCTION. 



xxxiii 



liuriiig the contest, and was known to the editor of Bishop Cartwright's 
i')iary. The contents are as follows : — 
Ccnients of Lo ^d Bj oyl^ ook: s vohime lef/ercd ^ Proceedings on ike case of 
I\Ligdukn College, Oxford, 16S7-S. AISS: 
(There is no foliation, but the documents are numbered in the lower left- 
hand corner of the first leaf.) 
I.-etter from Dr. Yl. j. Routh, President of Magdalen College, to the Hon. 
Richard Neville, 13 Feb. 1S24. Thanks for the loan of the following papers. 
(Orig. : foil. 2. 80). 

1. (Doc. 4,) NotciS from the Vice-President's register, 29 Jan. 168'^ — 4 } Apr. 
1687. (Copy by Aldwoith, pp. 2, foil. 2. Fol.) 

2. (Doc. 13.) Letter from the Bp. of Wijichester, Visitor of the College, to 
the V.P. and Fellows, i Apr. 1687, indirectly recommending the Bp. of ivlan 
to be President. (Orlg., signed by the Visitor, p. i, foil. 2. Fol.) 

3. (Doc. 12.) Draft cf lelter from the V.P. and Fellows to the Visitor [31 
Mar. 1687]," announcing the death of the President and asking advice. (Orig., 
in Aid worth's hand, p. i, foil. 2. 4"^.) 

4. (Doc. tS.) Lette-^ from the Visitor to the V.P. and Fellows, i Apr. 1687, 
rcconmiending an address to the King and sympathizing with the College 
in its probable troubles, (Orig., ail in the Visitor's hand : p. i, foil. 2. Fol.) 

5. Copies of (i) 'A true narrative of the whole proceedings relating to the late 
election of the President cf St. ?.Iary IMagdalene College in Oxon from the 
death of Di-. Clarke to the resettlement of Dr. Hough and the ejected 
members : ' btg. 'An account of what passed at the Election. The President- 
ship ends 'they address^ to his Majestic 'oy their petition bearing date Apr. 9 
as follows, viz,' (2) Tl e petition of the V.P, and Fellows to the King, 9 Apr. 
1687. (3) Letter from the Visitor to the Earl of Sunderland, 8 Apr. 1687. 
(4) the King's ALandate to the College 5 Apr. 16S7. (fol. i. La. fol.) 

6. (Docc. 23-3.) ' Queries in reference to the admission of a President,' pro- 
po:-ed Dr. Pudsey, with Dr. Pudsey s reply, the latter dated 11 Apr. 16S7, 
I Orig., m Aldworth's hand ; the answers in Pudsey's hand, pp.3, foil. 2. Fol.) 

7- (Doc. 36.) 'The whole process of our proceedings in the election of a 
President],' beg. 'The death of Dr, Clerke,' e?ids 'his seat in the chapel.' 
(Or'g,, ill the first person, by \ld worth, foil, 2. Fol.) 

8. An account of the eLction, almost as printed in the Impartiai Relation, 
2nd ed., pp. 1-3 : beg. 'The presidentship,' ends 'who was accordingly by y®,' 
at end of page. (Orig., in Aldworth's hand, p. i, fol. I. La. fol.) 

9- Letter from Lord Sunderland to the V.P. and Fellows, 21 Apr. 1687. 
(Copy, p. I, foil. 2. 4'^.) 

10. Answer of the V.P. and Fellows to the foregoing letter. (Copy, p. i, foil. 
2. Fob) 

11. Petition of the V.P. and Fellows to the King [9 Apr. 1687] (copy, p. i, 
fol. I. Fol.) 

12. ( Doc. 56.) ' The state of the case of the Vice-P'-esident and Fellows . . . 

;i. diary rf proctvedir-gs 31 Mar.-jo Ma\-, f^)rrning the plea of the College.' 
i l/rati: or copy in Aldv. ortirs hand. pp. 2, foil. 2. Fol.) 

c 



I 



XXX iv 



APPENDIX TO INTRODUCTION. 



13. (Doc. 57) Certificale of James Almont, public notary-, that the proceed- 
ings at the election of Dr. Hough were regular, 2 June, 1687. (Orig., p. i, 
fol. I. Fol.) 

14. (pocc. 58, 63, 66, 74, 80.) A breviate of the proceedings before the Lords 
Commissioners for ecclesiastical causes . . 30 May-23 June 1687. (Orig. 
by Aldworth, pp. 3, foU. 2. Fol.) 

15. Notes of replies to the Commissioners' questions and points [iNIay or 
June, 1687]. (Orig. by Aldworth, pp. 3, foil 2. Fol.) 

16. Copies of documents No. 5 (4) and of above, (p. i, fol. i. Fol.) 

17. Draft of the answer of the V.P. and Fellows to the questions of the 
Commissioners, with notes of alteration by Dr. Aldworth bringing the ansv.-er 
into near accord with the final answer. (Clerk's copy, with Aldworth's notes, 
pp. 4, foil. 2. Fol.) 

18. Copy of the Answer to the questions of the Commissioners in its final 
state. (Clerk's copy, pp. 2, foil. 2. Fol.) 

19. The reasons of the V.P. and Fellows, why they did not elect IMr. 
Farmer [delivered 22 June 1687]. (Certified copy, 21 June, 1687, pp. 2, 
fol. 2. Fol.) 

20. A second certified copy of doc. No. 19. (pp. 2, foil. 2. Fol.) 

21. 'Copies of [11] letters and certificates delivered in to the Lords Com- 
missioners.' (Certified copy, 25 June, 1687, pp. 6, foil. 4. Fol.) 

22. The citation of the V.P. and Fellows by the Lords Commissioners, 
28 May, 16S7. (Copy, p. i, foil. 2. Fol.) 

23. (Doc. 20) Letter from Thomas Smith to Dr. Aldworth [Apr. 16S7], 
discussing the Petition. (Orig., pp. 3, foil. 2. 4^^.) 

24-25. (Doc. 72.) Draft by Dr. Aldworth of a reply to the questions of the 
Commissioners [May or June 1687], written in the first person, apparently 
to the Commissioners, quite different from art. 15. (Orig., pp. 7, foil. 4. 4'^.) 

26. Answer of the V.P. and Fellows to the citation of the Commissioners 
[early in June ? 1687]. (Copy, pp. l|, fol. i. La. f^l. : different from the known 
repHes, but in a final form.) 

27. Two Orders of the High Commissioners, 22 June 1687, with a note that 
they were affixed to the College gate 2 August, 1697. (Copies by Dr. Aldworth, 
the note being his : p. i, fol. i. Fol.) 

28. (Doc. 86.) Letter from John Smith to Dr. Aldworth, 13 July, 16S7, dis- 
cussing the College affairs. (Prob. orig., p. I, fol. I. 4".) 

29. (l) The King's mandate to the College for the election of the Bp. of 
Oxford as President, 14 Aug. 1687, with (2) the Bishop's own letter to the 
College, dated 27 Aug. 1687. Also (3) Lord Sunderland's letter to the College 
from BatJi^ 21 Aug. 1687. (4) (Doc. loo-ioi.), Lord Sunderland's letter to the 
College bidding them attend the King at Christ Church, 4 Sept. 16S7. (Copies 
^y Aldworth, pp. 2, fol. i. Fol.) 

30. Hasty copy of the Address of the Fellows to the King, 6 Sept. 16S7. 

31. (Doc. 103.) Conver^-ation of the King with Dr. Pudscy, 3 Sept, 1687, 
followed by notes of proceedings which followed and the Petition of the 



1630721 

APPENDIX TO L\'TRODUCriON, 



XXXV 



Fellows, refused by the King, 4 Sept. 16S7. fin Dr. Aldworth'fj hand, pp. 4, 
full 2. 4^^.) 

32- U^easons against our debate with the Judges' [Oct. 1687 ?]. (Copy, p. i, 
R.n. 2. Fob) 

33. 'An account of the visitation of Magdalen College,' 19-2S Oct. 16S7, 
almost as in the hnpariial Relatio7i, pp. 35-36. (Copy, pp. 24, foil. 13. 4'\) 

34. (Doc. 216.) Letter from John Aldworth to Dr. Aldworth his brother, 
31 Oct. 1687, gi'^'ing an account of the latter part of the Visitation and of 
the subsequent proceedings. (Orig., pp. 2, foil. 2. Fol.) 

35. 'His Majesties Instructions to the Visitors,' beg. 'The King having 
seen,' ends 'proceeded against accordingly.' (Copy, pp. 2. Fol.) 

36. 'An account of the proceedings before the Commissioners for Visitation 
. . 16 Nov. 1687,' nearly as I}np. Rel. p. 60-62. (Copy by Dr. Aldworth, 
pp. 2, foil. 2. Fol.) 

37. Dr. Aldv/orth's speeches [16 Now 1687], In Dr. Aldworth's hand, 
pp. 2, foil 2. 4^-) 

38. (Doc. 53.} 'A defence of the late election of the President . . . ' [7 May ? 
1687], full notes by Dr. Aldworth of the legal points, questions submitted to 
tlie Vice-Chancellor of Cambridge, with his replies, etc. (Orig., pp. 8, foil. 4. 
Fol.) 

39. (Doc. 221.) Letter from R. Aldworth to Dr. Aldworth his brother, 12 
Nov. 1687, com.menting on some answers to objections, possibly the pre- 
ceding document. (Orig. p. i, foil. 2. 4 '.) 

40. Extract from Coke's Institutes, part 4, cap. 44, of the Courts in the 
Universities of Oxford :md Cambridge. (In Dr. Aldworth's hand, with a few 
notes by him ; pp. 4, foil. 2, 4"^.) 

41. (Doc. 220.) Notes by Dr. Aldworth as heads of speeches to be delivered 
by him to the Commissioners, and var>ang according to the possible demands 
made on him. [Nov? 16S7]. (Orig., in Dr. Aldworth's hand, pp. 4, folh 4. 4''-) 

42. (i) 'Finis et conclusio Statutorum,' (2) 'Part c" the Oath taken by 
every Fellow at his admission,' (3) extracts from the Vice-President's Register, 
1552-53, and from the Register of Admissions, 1 549. (Copies by Dr. Aldworth, 
pp. 3, folL2. 40.) 

43. (i) Extracts from the Statutes of the College, (2) extracts as art. 42 
(3) above. 

44. (i) The substance of the statute De electione Prresidentis, (2) The 
queries proposed to Dr. Pudsey, as in art. 6. (In Dr. Aldworth's hand, pp. 2, 
foil 2. -Fol.) 

45. 'Finis et conclusio Statutorum,' as art. 42 (i). (In Dr. Aldworth's hand, 
\vith a few notes : pp. 2, foil. 2, Fol.) 

46. ' Siatutum de numero scholarium et de electione Prcesidentis.' (Copy : 
pp. % foil. 6. Fol.) 

47. Extract from the Vice-President's Register C?) 5 Apr. 1589, giving the 
Queen s Letters Patent for the election of Dr. Bond as President. 

4'3. (ij Extracts from the College Statute ; (2) (Doc. 52) 'The case of St. 



XX XVI 



APPENDIX TO INTRODUCTION. 



Mary Magdalen College Oxon relating to the election of the President, 
according to these Statutes.' This is endorsed by Dr. Aldworth, ' Our case 
stated h- mysslf/ and contai^is considerations 'for my own vindication in 
giving -,-ay at Stat. P^lcction.' (Orig., by Dr. Aldvorth, pp. 4, foil. 2. Fol.) 
49-50. 'Finis et conclusio omnium Statutomm.' (Copy, pp. 5, foil. 4. Fol.) 

51. Extracts of 5jtaiutes, the Vice-President's Register, etc., concerning the 
eleciion of Dr. Bond, a.d. i 589. (In Dr. Aldworth's hand ? , pp. 4, foil. 2, Fol.) 

52. (i) 'An abstract of the statute de electione Pra^sidentis,' in Latin. 
(2) Oaths to be taken in the course of the election, in Latin, (Copies by Dr. 
Aldworth, pp. 4, foil. 2. 4'.) 

53. LcttecS fiom N. Bacon, Lord Privy Seal, 25 Nov. 1561, and the Visitor 
of the College (25 Nov. 1561), to the V.P. and Fellows, in the matter of 
the deprivation of Dr. Coveney, President of the College, from the Vice- 
President's Register. (Copies in the same hand as art. 51, pp. 2, foil. 2. Fol.) 

54. Anthony Farmer's Vir.dicalion ofhim.seif [27 June, 16S7]. (Copy, pp. 7, 
foil. 7. Fol.) 

55. Reasons of the V.P. and Fellows, as art. 19. (Certified copy, pp. 2, 
foil. 2. Fol.) 

56. (1) (Doc. 290.) List of the 40 Fellov/s, with notes whether they v.-ere 
expelled or submitted, etc., and of the elections made by the Commissioners, 
(2) Dr. Aldworth's account of money owing by him to the College and others 
and by the College to him, presumably at the date of his expulsion. (Orig. in 
Dr. Aidv-rth's hand, pp. 3, foll.'2. Fol.) 

57. (Doc. 293.) Letter from Thomas Clarges to Dr. Aldworth, 11 Oct. 1688, 
announcing that the King was about to restore the expelled Fellows. (Orig., 
pp. 2, foil. 2. Fol.) 

58. The answer of the V.P. and Fellows to the Commissioners, 13 June, 
1687. (Certified copy, 13 June, 1687 : pp. 3, foil 2. La. fol.) 

59. Extracts from the Statutes of the College, in Latin, with notes con- 
cernifig the use of certain m.oreys left by the Founder to meet law charges 
which were proposed to be used. (Perhaps in Dr. Aldworth's hand, imperfect, 
pp. 2, fol. I. Fol.) 



(?) The BucUfiy MS., a foho volume in the possession of the Rev. 
W. E. Buckley, of Middleton Cheney Rectory, Banbury, who kindly 
entrusted the volume to the editors' hands with permission to print any 
part of it. Tiie Rev. H. A. Wilson has made the following notes of its 
contents, omitting some of the commoner papers : — 

Dr. Hedges' MSS. relaiing to Magdalen College. 
Fol. I. Form of citation. 

3-4. (Doc. 192.) Letter from John Smith, Fellow, to Dr. Hedges. Oct. 
26, 1687. 

5. Note by Dr. Hedges. 

7. Memorandum as to the opeiiing of proceedings. 



f 

I 

11 



APPENDHi TO INTRODUCTION. 



xxxvii 



S. Abstract, or notes of proceedings from Oct. 18. 

19. Draft of a letter from the Commissioners to Lord Sunderland, desiring 
power to admit -.iie Bp. of Oxford by proxy. A memorandum at the bottom. 

20. (Doc. 230, as iue the next three artt. : see Errata.) Notes of pro- 
ceedings 16. Nov. — 

Admission of Joyner and AUibone. 
Summoning of the Fellows. 
Bp. Cartwright's speech. 
Dr. Aldworth's speech. 
Answers of the various Fellows. 
Sentence. 

Admissions in places of expelled Fellows. 
. Form of subn'iission. 
22. Nol':"s as to proceedings Oct. 25. 

Form of submission proposed Oct. 25. 
26. Notes of proceedings on Friday (Oct 21 ?) and Oct. 28. (col. 2.) 
28, Notes of proceedings Oct. 22. 

29-30. Answers of the various Fellows as to admitting Bp. of Oxford. 

31. Plough notes of what is found at fol. 10. 

34, col. 2 and verso. Case of Benjamin Rogers, notes. 

38. Sentence on Dr. Fairfax, Oct. 25. 

3f> V. „ „ the Fellows. 

42. Copy of a commission 10 Eliz. to visit C. C. C. (sent with the next). 
44. Letter from Doctors' Commons to Dr. Hedges. Oct. 20, 1687. 
46 \ . and 47. Notes and extracts. 

48. (Doc. 136.) Letter from Bp. of Chester to Dr. Hedges. Oct. 17. 

50. Notes on case of Alban Francis and University of Cambridge. 

51. St;.tute of Eliz. on the point above. 

53. Note as to reasons against inquiring into a case (not specified). 
56-8. Notes on Acts relating to the Common Prayer Book. 
59. Notes as to Royal power of visitation. 

6t-68. Notes on various points of the case, being heads of arguments and 
propositions for the King as against the College. Those at fol. 64 and foL 
68, which are much alike, may have been in the hands of the Commissioners. 

70-88. Papers relating to the case of Anth. Farmer, for whom Dr. Hedges 
was Counsel. 

89. An Apology of Dr. Fledges. 

91. Notes of a conversation between the King, the Lord Chancellor, Lord 
Sunderland, and Dr. Pledges, Oct. 14. 

94- Notes of a previous conversation with the Lord Chancellor and of 
another, Oct 13. 

O'-'- Opinion of Dr Hedges given Dec. 8, again.it incapacitating the 
'-•.privcd Fellows. 



APPENDIX TO IXTRODUCTION. 



99 V. Notes of a private consultation oa the same subject, Dec, 6. (Con- 
tinued fol. loi.) 

TOO. A mcrrioraiiduni. 

102. A more careful Apology, signed. 

]o6. A letter from Dr. Stafford, referred to in the last. 

(Foil. 107-156 are concerned with the Sharpe and Compton case ; 157 to end, 
corr';spondence between Johnson and Hedges about the Visitatorial power.) 



(3) The JoJi):sfon MS., a folio volume kindly deposited by its owner, 
F. B. Frank, Esq., of Campsall Park, near Doncaster, in the British 
Museum for the use of the Society. The contents are : — 

Contents of J\ IS. Johnston. 
(An old irregular numbering run^ through the volume beginning with p. 79: 
v.'liich !~ bicre used for reference). 

General Dcscriptinn. — Papers and collections made by, and c/uejly in the 
handwy itiiig of N. Jjhr.iion : prirtly a portion of the MS. copy of his Visita- 
tof ial ^>ow^:\ fr<:im which the book was printed. 

pp. 79-210. Notes and papers chiefly in Nathaniel Johnston's hand, on 
which is based his book on the King's Visitatorial power : with very little about 
i^Iagdalen. 

p. 215. Lette-'. from Philip, Pp. elect of Aureli(an)ople asking (Johnston's) 
opinion about the authority of the King over bulls from the Pope. (The 
endorsement is p. 226.) 

p. 217. (Doc. 272.) Letter from Walker, 14 Feb. 168^, to Johnston, about 
King's Visitatorial power. 

p. 221. (Doc. 273.) Do. 19 Feb. 16S?. 

p. 241-4. (Docc. 283, 285.) Two letters from Tho. Fairfax (to Johnston r) " 
4 and 9 July 1688. 

p. 291. Considerations on the 6th chap, of Dr. Johnston's treatise. 

p. 313-4. (Doc. 126.) Objections in the case of Magd. Coll. referred to 'his 
Majesty's learned Council ' to be ansv.-ered. (Ten in number.) 

PP- 3-'3j 325- (Doc. 127.) Answers to the above. 

p. 379. Draft of a letter beginning ' My Lord, It hath been the greate felicity 
of this college ends 'surgeon or apothecary.' Not im.portant, in Johnston's 
hand. 

p. 381. Letter from Rob. Brady to Johnston, 6 July, i688j partly answering 
pp. 313-4. 

pp. 481-4, 487-end. (Ordinary copies of papers about Magdalen College : 
chieiy from, the Register of the College.) 

p. 485. Paper by Tho. Smith read to the Fellows, on his return from 
presenting the petiuon to the King, dated 10 Apr. 1687, beg. 'Gentlemen, 
it is my opinion.' Dated 14 Apr. 16S7. 

The last page is 518. 



I 

I 



APPENDIX TO INTRODUCTION, 



xxxix 



(4) The Rawliuson MS. in the Bodleian Library (iMS. Rawl. D. 390, 
foil. 24-54): liouct-d by ihe Rev. W. D. TJacray as follows: — 

RciijInisoJL MS. D. 390. 
A collection of papers relating to the visitation of Magdalen College in 1687. 

I. Transcripts by one hand: ^ k letterto Dr. F[airfax], Aug. 8, 1687;' 'A 
letter to Dr. T[homa5] vS[mith],' Oct. 20, 1687 ; * A letter with some quarries 
sent to the Lords Commissioners at Oxon,' Oct. 24, 1687; 'A letter to Dr. 
Hedges, Oct. 20, 1687 ; ' A letter to the Lord Chief Justice Wright, not dated ; 
*Dr. Fairfax's Plea, not delivered.' Fell. 24-32. 

An T'ccounl ot t'le proceedings, beginning on Oct. 19, to Nov. 16. Foil. 
33. 39. 

3. Petition from the College to the King. Fol. 42. 

4. Fragmentary notes of the proceedings on 16 Nov. Foil. 44, 49. 

3. Two list? of the Felhws and Dem.ies, marking those who did and who 
did not submit. Foil. 45, 46. 

6. Answer of the College to questions from the Commissioners as to the 
relief given by the College to the poor in fulfilment of charitable benefactions ; 
22 Oct. Fol. 47. 

7. Summons to the College to appear before the Council, i July ; summons 
to appear before the Visitors, 17 Oct. ; opinion of Dr. Bourchier as to the 
obligations to obey the King's commands. Foil. 48, 41, 50. 

8. Answer of the \'icC'Preiident and tlie deputed Fellows of the College 
to the question, why did they not elect Dr. Farmer. Fol. 51. 

9. Copy of a letter signed C. C, giving a report of the Bishop of Chester's 
firit speech to the College; dated Tring, 3 March, 16S8. Fol. 53. 



The IMS. material used by Dr. Bloxam besides a few separate original 
papers and the official Registers of Magdalen College, is : 

(5) The Diary of Baron Jenner, one of the Commissioners. 

(6) Letters from Plenry Plolden, one of the Fellows, to his father. 
(V) Account of the proceedings of George Plunt, Fellow. 
These three are in jMagdalen College Library. 

The above will ser\-e as examples of the class of manuscripts from 
which, and from printed sources, this volume has been compiled. It 
■would be easy to extend the list by referring to such volumes as British 
Museum IMS. Lansdowne 1045, Sloane 3076, Hargrave 401 (from which 
Dr. Thomas Smith's Diary was printed, though itself only a transcript), 
and probably several other volumes of the same kind are in private hands. 
But it is believed that the present coliection leaves little room for any 
substantial addition. 



n 



xl APPENDIX TO INTRODUCTION, 

3. Bibliography. 

\a, Af' iiri]):ini:ii reJr'Lion of tlie v.-holc proceedings against St. jMary Mag- 
dalen Cc'ied ;c in Oxo i in ... in 1687. Containing only matters of fact as 
they cccurred. [by Charles Aldwoith, Vice-President of the College. Also 
attributed to Hcnr)' Fairfax, as for instance by one Thomas Collins in Wood's 
copy in the Bodleian : some tlioiigl\t that Francis Ilagshaw was the author.] 
pp. (6) + 40: no place, 1688. 4'-*. 

lb. — [second issue: Table begins at back of title, catchword of p. i sent. 
not tJie'.\ 

\c. — An impartial relation of the illegal proceedings against St. INIary ]Mag- 
dalen. Colledge in Oxon, in . . . in 16S7. Containing only matters of fact as 
they occurred. The second edition, to which is added the most remarkable 
passages, omitted in the former, by reason of the severity of the Press. 
Collected by a Fellow of the said Colledge [C. Aldworth]. 

pp. (41 + 65 -i' (2, advertisements of books) -f 8 (' a letter to the author of 
the Vindicaiion of the Fcclcsiaotical Coniniissioners, concerning the legality of 
that Court'). Lond. 1682. 4'-'. [Tiiis edition is often found without the last 
piece, which the catchv/ord "A' on p. 66 joins to the first: or if the last 
piec<' be found the leaf of adveriisements (sign. K 2) is usually torn ofi".] 

2. The King's Visitatorial Power asserted, being an impartial relation of the 
late Visitation of St. Mary iNIagdalcn College in Oxford . . . By Natb.aniel 
John ^ton . , . 

pp. (36) + 352 : Lond., 1688. 4''. 

3. A Vin'^icatior; of the proceedings of Flis Majesties Ecclesiastical Com- 
missioners against the Bishop of London and the Fellows of Magdalen- 
College [by Sir Charles Pledges]. 

pp. (4)4-78: Lond., 16S8. 4*', 

4a. A letter to the author of the Vindication of the Ecclesiastical Com- 
missioners, concerning the legality of that Court, [Signed at end ' Philo- 
nomos Anglicus.^] 

pp. 8 : n. pi. [16SS ?] sm. 4-^. 
^b. — [another edition,, wit a 'Vindication of the proceedings of the 
JLcclesiastical Commissioners' and 'By Philonomus Anglicas' on title page.] 
pp. (2) -f 20 : ' Eleutheropolis ' [1688 .^] sm. 4*^. 

5. An account of the late Visitation at St. Mary Magdal. Colledge in 
Oxon. by th-j . . . Bish. of Winton., ... 24 October 1688 [by Nicholas Cox?, 
late manciple of St. Edmund Hail]. 

pp.4: Lond., 16SS. fol. . ' * 

6. The history of King James's Ecclesiastical Commission, containing all 
the proceedings against . . . Magdalen College in Oxford . . . [and other places 
and persons.] 

Load., 171 1. 8"'. [pp. 30-52, out 0(90, are concerned with ALigdakMi.] 



I 



r 



APPENDIX TO INTRODUCrPON. 



xli 



7. The Ihe of the Rev\ John Hough, D.D. . . . containing many of his letters 
. . . By John WihrtOt ... 

pp. 16+ (2, errata) 4 3S8 : LoncL. printed for the author, 18 12. 4^. 



8. Proceedings against St. Mary ?Jagdalen College in Oxon, for not elect- 
ing Anthony Farmer President of the said College, 5 James 11, A.D. 1687-88. 
[/Vlso *An account of the proceedings at Jvlagdaien College, Oxon, 1687,' 
being Dr. Thomas Smith's Diar^', printed from a Hargrave MS. (No, 401) 
now in the British Museum.] 

Columns l-l 12 of vol. 12 of Howell's State Trials, also known as Cobbett's 
State Trials. Lond., 181 2. 



9. Attempt of King James the Second to force a Dissenter upon Magdalen 
College, Oxford, April 16S7. Compiled from Howell's State Trials, and other 
sources. 

pp. 28 : Oxf., 1S34. S'^. 



10. The Diary of Dr. Thomas Cartwright, Bishop of Chester . . . term- 
inating with the Visitation of St. I\Iary Magdalene College, Oxford, October 
M.DC.LXXXVII. Now first printed from the original ?vIS. in the possession 
of the Rev. Joseph Hunter, F.S.A. [by whom the volume vras edited], 
pp. 18-M10 : Lond., printed for the Camden Society, 1S43. 4'"'. 



F. M. 



LIST OF DOCUMENTS. 



[Additions to D"^. Bloxam's collection are marked Bk. = Braybrooke MS., 
By. Buckley MS., or Jn. -- Johnston MS.] 

No. Datj. 
1686. 

1. Jidy 17. Appointment of Lords Commissioners for Ecclesiastical Jurisdiction. 

2. „ Letter respecting the same. 
168?. 

3. Jap.. I. List of Fellows of Magdalen College. 
4 Feb " ) 

Mar V4 [ Notes from the Yice-President's Register (Bk.), 
1687. 

5. Mar. 26. Dr. Thomas Smith's Narrative. 

6. 38, Do. continued. 

7. „ 29. Extract from the Vice-President's Register (President's death), 

8. Statutum de electione Praesidentis, 
G. 31. Notice of new election. 

10. „ Extract from the Vice-President's Register. 

11. „ „ Do. (Bk.). 

12. „ Letter from the College to their Visitor (Bk.). 

13. April I. „ „ Visitor to the College (Bk.). 

14. „ 1-9. Notes from the Vice-President's Register (Bk.). 

15. „ 5. The King's mandate for electing Farmer President. 

16. J, „ Dr. Smith's Narrative. 

17. „ S. Visitor's letter to Lord Sunderland. 

18. „ „ Visitor's letter to the College (Bk,). 

19. „ 9. Petition of the College to the King. 

20. 10. Letter from. Dr. Thomas Smdth to the Vice-President (Bk.). 

21. „ „ Dr. SmiJi's Narrative. 

22. ? Qneries in reference to the election and admission of a President (Bk.). 

23. „ II. Dr. Pudsey's answers to the foregoing queries (Bk.). 

24. „ „ Dr. Smith's Narrative. 

25. „ „ Delivery of the King's Mandate. 

26. „ 12. Dr. Smith's Narrative. 

27. „ 13- Do.: reception of Petition by the King. 

28. 14. Do.: action of the College. 

29. „ 15. Do. do. 

30. „ „ Do. do. 

31. „ „ Do. do. 

32. „ Do. : election of Hough as President by the College. 

33. Official account of the eleciion. 

34. „ Dr. Smith's Narrative. 



-LIST OF DOCUMENTS. xliii 

No. Da-te:. 
3 687. 

o5, ril 15. Another accouiit of the election. 









17. 1'he \ ice-Picsideni's account : conf.rraation by the Visitor (Bk,). 


37. 






Oflicial accoant of the confirmation. 


0 0 

00. 




J5 


,Dr. Smith's Narrative. 


39. 




J3 


No. 37 continued. 




J) 


J? 


Another account. 


4i. 




?> 


Lord Sunderland's letter to the Visitor. 






17. 


Answer of <-he Visitor. 




" 


J J 


Return of the President. 






J> 


Do. 


40, 


5) 




19. Dr. Smith's Narrative: appeal to the Duke ofOrrnond to inter 
cede for the College. 


40. 


" 


18 or 19. The Appeal. 


4/ , 


}) 


21, 


The King demands an explanation. . ■ 


48. 


J> 


23? 


Answer of the College. 


4.'. 


>> 


24. 


Statement of the case of the College. 






24? 


Address to the King. 


»J X . 






27. Dr. Smith's Narrative of his own action. 


•ji. . 


AT- - 


early? The Vice-President's statement of the case of the College (Bk.). 


53. 




7. 


Another defence of the College (Bk,). 


54. 




28. 


Proceedings taken against the College. 


55. 


)) 


53 


Do. 


56. 








57. 


J une 




X^Ultiiy 0 Lt, i 111 ICctLC wi lilC CiCuLKJli y^X>P!...^. 


58. 




30. 


Summons to appear before the Commissioners (Bk.). 


59. Jnne 


6. 


The Delegates of the Fellows appear as summoned. 


60. 




53 


Do. : Dr. Smith's Narrative. 


61. 






Do. : Bp. Cartvv'right's Diary. 


62. 




JJ 


Do. : Official account. 


63. 






Proceedings of the Commission (Bk.). 


64. 


J ) 


8. 


Do. : The Vice-President's letter to Hough. 


65. 




13- 


Second appearance of the Delegates before the Commissioners. 


66. 


J> 


?j 


Do. (Bk.). 


67. 


J» 




Do. : official account. 


68. 


J J 


j> 


.Answer of the Delegates to the question, why Farmer was not 
elected President. 


69. 




>> 


Do. : another version. 


70. 


3> 


)> 


Luttrell's Diary. 


71. 


>> 


if 


Proce'.cdings of the Commissioners. 


72. 


JJ 


}f 


The Vice-President's notes for an answer to the Commissioners ;Bk,). 


73. 


J> 


22. 


Third appearance of the Delegates. 


74. 


» 


>> 


Do. (Bk.). 


75. 




>> 


Do. ; Bp. Cartwright's Diary. 


76. 


'> 


>> 


Order of the Commissioners, amoving Dr. Hcigb from the office of 
President. 


77. 


>> 


)> 


Do., suspending Dr. Aldworth, Vice-President, from his office and 
Fellowship. 


78. 


J5 




Do., for publicatic-a of tho foregoing Decrees, 



xliv LIST OF DOCUMENTS. 

No. Date. 
1G87. 

79. June 24. The Decrees published at Oxford (Bk.\ 

SO. 23. The D'.-crces seat to Oxford (Bk.). 

81. „ 24. ReO(, ptiori of che Decrees m the College. 

62. 27. Certificates about Fanner's character delivered to the Commis- 

sioners. 

S3. July I. Farmer's answer to the certificates. 

84. J, Do., a letter from ISIr. Ludford to the President. 

85. „ „ Citations of the Commissioners. 

86. „ 13. Letter from Mr. John Smith to the Vice-President, on recent 

events (Bk.). 

87. 18. Royal mandate inhibiting the College from elections. 

88. „ 29, Proceedings of the- Commissioners. 

89. „ ,, Do. : re-issue of orders depriving the President and Vice-President. 

90. „ Do. 

91. 31. IS ewsletter of W. Shervvin, No. i, on recent events. 

92. Aug. 5. The Deputies of the Fellows give their answer about the orders of 

June 22, 

93. ,, „ Do. 

04. „ 8. Letter on recent events. 

95. „ 14. Royal mandate appointing the Bishop of Oxford President; see 

No. 174. 

96. „ 21. Letter from Lord Sunderland to the Senior Fellow, enforcing the 

mandate. 

97. „ ? Letter from the Bishop of Oxford to the Senior Fellow, asking for 

admission to the Presidentship by proxy. 

98. „ 28. Ansv/er to Lord Sunderland. 

99. „ rio. to the Bishop of O.xford. ' ' 

100. „ „? Do. : / V 

101. Sept. 4. The King at O.xford. 

102. „ „ Do.: interview of the King with the Fellov/s. 

103. „ Do. do. (Bk.). 

104. „ „ Do. do. : Dr. John Smith's account. 

105. ,, „ Do. do. : Mr. Blathwayt's account. 

106. „ Do. do, : M. Baurepas's note on the interview. 

107. Proceedings of the Fellows. 

108. ,, „ Do. : William Penn's attempts to make peace. 

109. ,, „ Petition of the Fellows rejected by the King. 

110. „ „ Meeting of the Fellows in Chapel. 

111. 5. The King's interview with the Vice-Chancellor. 

112. „ „ Do. 

113. „ 6. Address of the Fellows to the King, delivered to Lord Sunderland. 

114. „ „ Letter from Mr. Creech to Dr. Charlelt on the King's stay at Oxford. 

115. „ 7. Letter from Mr. Sykes to Dr. Charlett, on recent events at Oxford. 

116. „ 9. Letter from Lord Sunderland to the Bishop of Oxford, on the 

conduct of the Fellows. 

117. „ 16. Letter from Mr. Sykes to Dr. Charlett. 

118. ,, 15. Anoayroous queries sent lo the Fellows from Windsor in order to 

their submission. 



LIST OF DOCUMENTS. xlv 



No. 


Date 








1687. 




110. 


Sept 


19. 


Letter from, i^ord Simderlana to the Bishop of Oxford. 


1:10. 


jj 




\Jo. ^0 the viCv'i-Chai'.cellor, 


l-,!l. 




25- 


Ans.ver to the anonymous queries (No. 118). 


122. 


u 


end? 


Penn's intercession. 


123. 




5) 


Fenn's letter (see Errata), 


124. 


Oct. 


0 • 


Answer to Penn's letter. 


125. 


Sept. 




iNewsietter or \V. buer\y]n, i\o, 2, on recent events. 


126. 
327. 


Oct. 


? 


Questions proposed to Counsel on the King s side (Jn.). ) 
iNotes 01 answers to the above (Jn. i. ) 


12^1. 




9- 


Oonference 01 JJeputies 01 tne leilows with l enn. 


TOO 

ijy. 






Account of the Conference, by the President. 


130. 




13- 


Pishop Cartwnght s Diary : new Commissioners to visit the College. 


131. 




14. 


Do. Co. 


132. 


'J 




Dr. ^anith s Diary : do. 


133. 




17- 


Citation 01 the College lor Oct. 21, by the new Commissioners. 








P'p. C a.rtvmght s X.hary. 


loo. 






Baron jcnner's Diary. 


loD. 






MeeHng of Bp. Cartwright and Dr. Hedges (By.). 


137. 




iS. 


Bp. Cartwright's Diary. 


138. 






Baron Jenner's Diary. 


139. 




19. 


Bp. Cartwright s Diary: journey to O.xiord. 


140. 






The Citation. 


141. 






Baron Tenner's Diary: joumey to Oxford. 


142. 




20. 


Do. : arrival at Oxford. 


143. 




21. 


Pp. Cartwright's Diary : do. 


144. 




20. 


Anonymous letter to Dr. Pledges. 


145. 






Do., to D'. hmith. 


146. 


5? 


21. 


^Meeting of the Commissioners at Oxford. See Doc, 230. 


147. 






Do. : Bp. Cartwright's Diary. 


19-0. 




>' 


iJo, . ur* omitii s uiary. 


149, 






Do. : Bp. of Chester s speech. 


150- 






Do., afternoon : Baron Jenner's Diary. 


152. 






Do, : Bp. Cartwright's Diary, 


153. 






Do. : Dr. bmith s J.)iary. 


154. 






iJo. . J-ibt 01 uemies, v^napiams, v^ierKs ano v^nonsicrb v-ueu uciuic 
the Commissioners. 


155. 






Do : detailed account. 


156. 






Do : Letter from Henry Holden. 


157. 




22. 


Do. : Do. 


158. 






Anonymous letter to Lord Chief Justice W right. 


159. 




22. 


Proceeoings ot the Commissioners, ine rresiucuL b ua.iiic suu^^jv 
out of the College Books. 


160. 






Do. : Do. 


161. 






Do. : Dr. P airfax and the Commissioners. 


162. 






Do.: Baron Jenner's Diary, 


163. 






Do.: Dr. Smith's Diary, 


1G4. 






Do. : Bp. Car^iv.Tigut's Diary. 


loo- 


0. 




Do. 



i 

I 



i 



xlvi LIST OF DOCUMENTS. 

No. Date. 
1687. 

1G7. Oct. 21. Do. : Dr. Smith's Diary. 

168-9.,, Do.: Letter from the Coniinissiouers to the Lord President, enclosing 
No. 1G9, their report. 

170. „ 22-3, Do.: Bp. Cartwright's Diary. 

171. 23. Letter from Up. Cartwright to the Ep, of Oxford. 

172. ,, Baron Jenner's Diary. 

173. ,, The Lord President's answer to No. 168. 

174. „ Royal mandate enforcing No. 95. 

175. 24. Bp. Cartwright's Diary. 

17G. ,, Proclamation of the Vice-Chancellor against interruption of the 

Commissioners. 

177. Baron Jenner's Diary. 

17s. 25. Protest of the College to the Commissioners. 

179. ,, Installation of the Bp. of Oxford by proxy : Baron Jenner's Diary. 

180. „ „ Do. : Official notice. 

181. ,, Do. 

182. Action of the Commissioners. 

183. „ „ Do. : Bp. Cartwright's last entry in his Diary. 
TS4. „ „ Do. : Dr. Smith's Diar)^ 

1S5. „ „ Do. 

186. ^, „ Afternoon: qualified submission of the Fellows to the Bp. of Oxford 

as President. 

187. ,- 1, Dr. Fairfax e.xpelled. ■ c, 

188. „ Dr. Fairfax's Protest, etc. 

189. ,, ,, Report of the Commissioners to the Lord President. 

190. Letier from Mr. H olden. 

1,)1. Anecdote of the Countess of Ossory. 

192. „ ,, Dr. Fairfax. 

193. „ „ Do. : D"-. Smith's Diary. 

194. „ Do. : Letter from Mr. Holden. 

195. 26. Enquiry into the College Charities. 

196. „ Do. : Dr. Smith's Diary. 

197. „ Dr. Rogers's Petition. 

198. Do. : Letter from Mr. Holden. 

199. „ Lett-r from John Smith, about his absence (By.). 

200. „ ,, Baron Jenner's Diary. See also No 230. 

201. „ 27. Tramallier's account of the proceedings on tlie 20th-25th. 

[Academy.] 

202. ,, ,, Proceedings of the Commissioners. 

203. „ „ Dr. Smith's Diary. 

204. „ Letter from Mr. Holden. , ' 

205. ,, „ Baron Jenner's Diary. 

206. ,, The King desires farther submission from the Fellows. 

207. „ 28. The P'ellows farther qualify their former submission. 

208. „ „ Do. 

209. „ „ Do.: fuller account. 

210. „ Do.: Dr. Smith's Diary. 

211. „ Do. : letter from Mr. Holden. 



LIST OF DOCUMENTS. xlvii 



No. 


Datk. 








1687. 






Oct. 




Do. : Nev/sletter of W. Slierwia, No. 3. 


•il3. 






Do. : Bnron Tenner's Diar}'. 


21 




31- 


Do. : Newsle tter of W. Sherwin, No. 4. 


215. 


J5 




Do. : Letter from Mr. Hoiden. 


216. 


•>1 


)' 


Do. : Detter from Dr. John iVldworth (Ek.). 


217. Nov. 


2. 


The Tip. of Oxtord occupies the President's I-odgings, 


2 IS. 


■>'. 


3- 


Meeting of the King's Council. 


219. 


5> 


6. 


Newsletter of W. Sheruin. No. 5. 


220. 


early? 


Draft of the Vice-President's Defence. 


221. 




12. 


Do.: criticism by R. Aldworth (Bk.). 


222., 


„ 11 


-13. 


Election of New FePiOws. 


223. 


„ 14-15- 


The Commissioners again visit Oxford : Baxon Jenner's Diary. 


224. 




15- 


Interview between Dr. Smith and the Commissioners; Dr. Smith's 
Diary. 


225-6. „ 


? 


Royal instructions to the Commissioners, suggesting a form of 








submission. 


227. 




II. 


Form of Royal order to elect new Fellows. 


228. 


J7 




Arrival of the Commissioners in Oxford. 


229. 




16. 


The Pp. of Chester's speech, and refusal of the Fellows to submit. 


230. 






Rough notes by Dr. Hedges of the proceedings on Oct. 21-28, 
Nov. 16, 1687. Sec Errata. (By.) 


231. 




16. 


Proceedings about the refusal to submit. 


232. 






Do. : I 'r. Smith's Diiry. 


233. 






I^!-''. : w ith, admission of new Fellovv^s. 


234. 






Fist of Fellows who were absent or submitted. 


235. 


'1 




Speech of Mr. Holt, a Demy. 


236. 






Letter from Mr. Svkes to t*''. Charlett about the proceedings. 


237. 


„ 16-17. 


Baron Jenner's Diary. 


238. 




17- 


Newsletter of \V. Sherwin, No. 6. 


239. 


?> 


j> 


Tramallier's account of the proceedings, Oct. 28 — Nov. 16. 


240. 




iS. 


Letter from William Thornton (Sherwin?), on the same subject. 


241. 


>> 


>> 


Dr. Smith's Diar}', about his conduct in Lor.don. 


242. 






Do., Do. 


243. 


>> 


20. 


New^sletter of W. Sherwin, No. 7. 


244. 






Do., No. 8. 


245. 






Dr. Smith's Diary, about his own conduct. 


246. 




28. 


Proceedings at a meeting of the King's Council, on the question 
whether the expelled Fellows should be incapacitated from 
Ecclesiastical preferment. 


247. 




>> 


Do. 


248. 


Dec. 


6. 


State of Magdalen College, Mr. I-fawles. 


240. 


;> 


7- 


Do. 


250. 


!> 


8. 


Proceedings of the King's Council. 


251. 




9- 


State of the College. 


252. 




TO. 


Proceedings of the Council, incapacitating the Fellows from prefer- 
ment. 


253. 




12. 


Do. 


254. 






Dr. Smith's Dian/ : public feeling. 



i 



xlviii LIST OF DOCUMENTS. 

No. Da I E. 
1687. 

255. Dec. 17. Stnte of the Colle:rc, Mr. Charnock. 

256. ., 7'^. Do. 

257. 29. Nf \\o>ette;3 of W. Sherwin, No. 9. 

258. „ 31. Koyal mandate for the adniission of new Fellows and Demies : with 

biographical notes. 

259. „ „ Dr. Smiili's Diary, about the College Chapel. 

168^. 

260. Jan. 4-11. Admi isiou of Hew Fellows. 

2C1. ,, 7. Royal mandate for appointi'iij College Officers. 

262. „ 8. Newsletter of W. Sherwin. No. 10. 

263. „ 14. State of the College. 

264. „ 9. Do. : Letter from Mr. Ilolden. 

265. „ 15. Conduct of the Demies : Letter from Mr. Holden. 

266. ,, 16. EKprJsion of the Demies. 

267. ,, 17- The form of expul -ion. 

268. ,, Newsletter of \V. Sherwin, No. 11. . • ■ 
2G0. „ 19. Dr. Smith's Diary. 

fwO, ,,24-30. Admis.^ioDS to places in the College. ■ 
'L^,\. ., 31. Furthrr expulsions of Demies, 

272. Feb. 14. Letter from. Obadiah Walker to D^ Johnston, on the affairs of the 

College (Jn.). 

273. „ 19. Do., Do. (Jn.\ , : 

274. ,, 24-Mar. 16. AtiinU.-.ion of Fellows. ~ ' ..^ ... 
'275. Mar. 3. Letter from the President to the Hon, A. Newport. 

276. 14. Royal mandate appointing Richard Short a Fellow. 

277. 2 1. Death of the Bp. of Oxford 'President' of the College, with his 

epitaph. 

1688. 

278. ,, 30. Admission of Demies. 

279. 31. Bonaventura Gifford appointed ' Presic ent,' with letter from D'Adda, 

the Papal Nuncio. 

280. April Dr. Smith's Diary, about the College Chapel. 

281. May 21 Do., Do. 

2S2. June 4. Royal mandate to Dr. Gliftbrd. 

233. July 4, Letter from Tho. Fairfax to Dr, Johnston [?], on the College 
Statutes (Jn.\ 
. 284. „ 5-9. Admission of Fellows. 

285. „ 9. Second letter from Tho. Fairfa.K to Dr. Johnson [?], on the records 

of the College. 

286. Aug. 3. Dr. Smith's Diary, about lu's expulsion. 

287. ,,4-10. Acts of the College. 

288. ,, Mr. Plawlcs and Slimbridge. 

28tK Oct, 3. Dr. Smith's Diary: advice to the King to restore the President and 
Fellows. 

290. ,, „ Summary of the treatment received by the Fellows under James IL 

(Bk.i 

291. 5. Suppresision of the Ecciesiaivticai Coaimission. 



LIST OF DOCUMENTS. 



xlix 



No. 


Date. 






■292. 


Oct, 


n . 


Resloratioa of the President and Fellov/s. 


2'Jo. 






Do. : Leaer from Dr. Clarecs to Dr. x^khvcrth (Bk.) 


1M. 


>> 


12. 


D"". Smith's Di iry. about the Visitor restoring the President, etc 


295. 




16. 


PJ>elay in the rc:-.toration. 


2'.'6. 






Do. : P):. S.'Tiiili's Diary. 


297. 




21. 


Do. : Letter from the Warden of All Souls. 


2 '.IS. 


3 


2-5. 


The Visitor in O.xford. 


2'.;H). 


Oct.- 


Nov. 


Do., Traniallier's Letter. 


300. 


Oct. 




Do. 


301.. 






Ihe delay : Dr. Smith s Diary. 


302. 






I,)a. 


303. 


„ 24-25. 


The fmal Restoration. 


304. 




27- 


Do. : Letter frona Dr. Smith, 


305. 






Do. : the official accoimt, with lists of the persons restored. 


SOo. 






Do. : list 0.^ V.:' f\'.-:>\ ]>er-:oriN, now expelled. 


307. 


Dec. 


JO. 


Letter ofl'; *' -.-r tiie r-.; cut proceedings. 


308. 




>> 


Letter of the Earl of Sunderland : Do. 


309. 






The King's \ indication of himself. 


310. 






The sequel, 16S8--1S34. 


311. 


1680. 


Do., the ca^je of King's College, Cambridge. 



Table of Sund.ws. 



lC8f 





Jan. 2, 9, 16, 23, 30. 
Feb. 6, 13, 20, 27. 
Mar. 6, 13, 20. 

16 S7. 



168i, 



Mar. 27. 
Apr. 3^ 10, 17, 24. 

May I, 8, 15, 22 ^, 29. 
June 5, 12, 19, 26. 
July 3, 10, 17, 24, 3J. 
Aug. 7, 14, 21, 28. 
Sept. 4, II, 18, 25. 
Oct. 2, 9, 16, 23, 30. 
Nov. 6, 13, 20, 27. 
Dec. 4, II, iSS 25. 




June 3, 10 ^ 17 



July I, 8, 15, 22, 29. 
Aug. 5, 12, 19, 26. 
Sept. 2, 9, 16, 23, 30. 
Oct. 7, 14, 21, 28. 
Nov. 4, II, 18, 25. 
Dec. 2, 9, 16, 23^ 50. 



* Easter Sunday, 



b Trinity Sunday. = Advent Sunday. 



d 




.1 



ERRATA, &c. 



{Cof:trtbuicd by the Rev. H. A. Wilson: corrected in the Index.} 

VAC, E * 

33. I. 19 from hoitom, for eutn read cum. 

38, 1. 20 from bottom, /^^r 8**^ read 11^^ (?) : it is 8*'' in the original. 

49. 1. iS,_/L^- Efiybiookt; /r/r</ }^riybrookc. 
„ 1. 4 fro::i boi'...-i/.. Kl. lo-.v;-. re:- 1 Eddowes (?}, 
56. \.-2},., for Eeldock rca<r/ Bnldock (sec N03. 247, 25o\ 
71. 1. 18 and note,/(7r Tencfar read Jcnefar. 

99-ioT (Doc. 123-^24). The^e are taken from the bnpartial Relation, pp. 25-27, 
but raoderuized. The following corrections or alternatives for the text 
are from Brit. Mus. MS. Lansdowne 1045, p. 46 : p. 99, 1. 8, trapan] 
trapre or ensnare. 1. 14, be] but be. 1. 15, whether] where. 1. iS, 
instant] juncture. 1. 28, prudent] prudential. 1. 29, you] men of your 
ingenious education. 1. 31, so] the so. p. 100. 1. 2, credit] interest. 
1. II. as] which is. 1. 14, with] to. 1. 20, 12S] 13S. 1. 21, Abbess] abbat. 
1. 13 from bottom, to] with. 1. 5 from bottom, invade] undo. p. 101, 
1. 12, four] seven, most] many. 1. 14, subscribe] submit. The MS. 
assumes that the letters were written to, and by, the Vice-president. 
(F.M.)' 

102. Nos. 126-7 are perhaps misplaced. They deal with questions raised by the 
. Fellows at the Visitation, and are therefore perhaps the result of discus- 
sions in October, and themselves belong to a time later than the opening 
of the V'isitation. 

106. 1. ilj'or Y.mng read Goring (see No. 12S). ♦ 

108. note I. This, as well as note 2, applies to Sir C. Hedges. 

no. line 9 from bottom, yi7r hree read three. ' . 

119. In list of clerks, y^r Rigby read Ryaly see pp. ^154, 263. 

142. line 9 from bottom, /i;r Hatton read Halton. 

153. 1. 7 from bottom, /br Hawley rmc/ Hawles. 

154. In List of Demies, for Benjamin Gardiner read Bernard Gardiner; for Rentuu 

read Kenton. . 
In List of Choristers, .Slack rtrti/ Clerk. 
In List of Clerks, /t;r Russell read Bassett. 
162, 1. 2, /or ILiwley read Idawlos. 

1- 3, /cv John Bayley /cJ,/ jani.:.s I^ayley. 



ERRATA. 



li 



170. 1. 14, for Hwales read ITawIes. 

1 vS. 1. II, for relhain read Fulharn. 

i9i-:;03. The notes '■•f No. 230 belong to various days, not in chronological order : 
the order should be probably this : — 

A. Oci. 21'*^, p. 201, 1. 20, 'Dr. Aldworlh/ to p. 202, 1. 23, ' y» petition read.' 

B. Oct. 22"'^, p. 198, 1. 16 from botiom, 'Saterday,' to p. 201, 1. 19, ' 

manner of admitting.' 

C. „ p. 202, 1. 24, ' Saterday 2,' to p. 203, 1. 15, ' adjoum'd till 

tucsday.' 

D. Oc:. 2--}''^, \ . 191, line 5 from bottom, 'Tuesday, 8,' to p. 197, 1. 15, 'in 

3 ^^ys ' 

E. Oct. 2()^"', p. 203, 1. 19, ' Wednesday, 9,' to ' reject y* petition.' 

F. Oct. 27*^, p, 203, line 4 from bottom, ' Tuesd. ;?Thursd.) betwixt 9 & 10, 

to Ci;d. 

G. Oct. 2S* -, p. 197, line 16, ' I richiy morning 7 . . , 8,* to p. 198 line 17 

from bottom, ' may rcUact.' 

H. N'c'V. 16-^, p;i. 191-194, 1. 6 from bottom, 

191. 1. 9 from bottoin . and through No, 230} for Cudford r^aa' Ludford. 

192. 1. i^,for Hawly read Hawl e}5(?) ; also p. 193, 1. 25 from, bottom, 
1. 26, for Baghlaw Bagshaw ? 

,, 1. 18 from bottom, /I-"- Bohmant Bateman (?). 
,, 1. 4 from bottom, y^v- Chadnock read Charnock. 

195. 1. i4,/i/r ch. G. read ch. J. (i.e. Chief Justice). 
1. iS from bottom, /jr Tho. read The. 

196, !. 15 from botton , Hawley read \l^\s\e:%. 
199, 1. 6 from bottom, Bp. should be in italics. 
201. 1. 3 from bottom, /tjr Taylor r^ai/ Fayrer, 
204. 1. i7,/£>r Tey Ti^ai/ Fey, 

2 28. 1. 27, y^r Setter rc-adf Seller, 

230. 1. 16 from bottom, read 'alternatim' (?). 

234. for Adamas read Adams ; for Walkins read Watkins {bis). 

24S. 1, I?, for B. Smith 7'ead R. Smith. 

-•51. for 11^. Smith read Y\ Smith. 

252. for Whales read Whal J)ey. 

253, note,/t?r 166S read 168S. 



ADDITIONAL ERRATA. 



jtxxii, 1. II, for xxxiv read xxxvi 
aI. 1. 17, y^r loS^ 

4. 1. 2, for ourncy 7-e<id jorirncy 

li. note \ I. j^,for 3 July, 1673 rra^/ 14 Aug., 1C72 
1. 5, for 14 Aug., 1672 rtW 3 July, 1673 

27. 1. 2, for quK r£-t7,-/ qui 

56. 1. 2, for y« r^j(/ ye 

61. 1, 5, from bottom, read ? after him 

6S. § 79, 1. J, /,7r Aldrd read Aldrtli 

96. 1. 7, read '< after College 

13S. II. 1-2, Those two lines have been interchanged. 1. i sliould follow 1. 

i8i. 1. 10, read ' after President? 

226, 1. 3 of note 2, for 1566 read 1656 

334. 1. 16, for in ohedientid read inobedientia 

243. 1. 12 from bottom, /i7r apper- read aper- 

244. 1. I, for I had read they had (?) 
346 1. 14, for manium read manerium. 

1. 1^, for collij read coll'ij. 

for quolibet sinistra snspiere read qurelibet sinistra suspicio 
347. 1. I of No. 2S5, for July 2 read July 9 
262. 1. 29, for sendciitos read servientes 

i- 36, for nomina . . . compertos reeid nominibus . . . compertis 

H. R. LUARD 
(1S8S). 

Mas;daUn College and K. Jamts Ily Vol. F/.] 



PROCEEDINGS IN THE 
CASE OF MAGDALEN COLLEGE, OXFORD, 

1687-8. 



1. 

1686, July 17. The Appointment of Lords Commissioners 
for Ecclesiastical J uiis diction. 

At the Councill Chambers at Hampton Court, 
17 July, 1686, 

Ills INIajesty was this I'ny ]>lcascd to declare tliat for the prevention of 
Indiscreet Preaching (his n^.any Exhorlalions having proved ineffectual) 
he had gi anted a Ccnnaission for the inspecting Ecclesiastical Affairs to 
the Lord Archbishop, the Lord Chancellor, Lord Treasurer, Lord President, 
the Bishops of Durham and Rochester, and the Lord Chief Justice Herbert. 

2. 

The same. 

{Ldier io John l^llis, Esq. from . . , .) 

What takes up most men here is a new Commission that his INIajesty 
has issued out, whereby he is pleased to constitute seven Lords Com- 
missioners for executing and exercising all ecclesiastical jurisdiction: 
viz. the Lord Archbishop of Canterbury \ the Bishop of Durham the 
Bishop of Rochester '% the Lord Chancellor ^ the Lord Treasurer ^ the 
Lord President*^, and Lord Chief Justice Herber.. They have power 
and authority to vi-it and correct all offences, to enquire of any mis- 
demeanors against the T'.cclesiastical Laws, and to punish the offenders 
by suspension, deprivation, and excommunication, and other Church 
censures, cording as thov in justice shall think meet ; — to examine into 
all irregularities and immoralities punishable by Church laws, and even 
into disorders in marriages ; and to call before them and punish any 
offenders, or any that shall seem to be suspected persons ; to cite and 
swear witm sses ; to panish the obstinate and disobedient ; to- tax and 
condemn in costs the party prosecuting or prosecuted ; to have a Re- 
gistrar, who is Mr. Bridgman, and a Common Seal with the circumscrip- 
tion of Sigillum Bominorum Commissar iorurn S. R, Majestatis ad Causas 
Ecckuasticas. For all this three are to be the Quorum, whereof the Lord 
Chancellor to be one. They are farther to cause all Universities, Col- 
leges, Cathedral and Collegiate Churches, to bring up their Charters and 
Statutes when required, and the same to alter as they see cause, and to 

' Sancroft. He refused to aci. Lord ^rulgiave \\'a-; substituttJ for him. 
Crewe, ^ Sprat. * Jeftries. ^ Rochester. Sunderland. 

B 



2 



MAGDALEN COLLEGE 



1687. 



add to or diminish froir. the same, and where there is room, to make 
" - f^v- rf them shall think meet, notwithstanding any 
lavv, statute, etc. to the contrary. This is the purport of it as far as I can 
remember. — Ellis, Or igiyial Letters^ 2'"^ series, vol. iv. pp. 96-98. 

The greater terrors attended the Court, because it could not sit, un- 
less when Jeffries was present. It was known privately that Bancroft, 
from respect to the Church, would not act, which gave an opportunity of 
putting the Bishop of Chester, a Prelate less scrupulous, in his place.— 
Dalrymple Memoirs^ vol. ii. p. 77. 



8, 

A List of the Fellows of S. M. Magdalen College at the 

commencement of the year 1687. 
Charles Aldworth. Vice-President, 



TIenry Fairfax, Fellow 1659. 
Alexander Pudsey. 
John Ycaur.;er, 
John Smiih. 

Thomas Smith, Ludimagister 1663. 

I'homas Bayley. 

Thomas Stafford. 

Charles Hawles. 

Robert Ahnont. 

Mainwarinj^^ I lanmiond. 

John Rogers. 

Richard Strickland. 

Fiancis Smith. 

Edward IMaynard. 

Henry Dobson. 

James Bayley. 

John Davys. 

Francis Bagsliaw. 

John Hicks. 

Jasper Thompson. 

Jam-es Fa}Ter. 

Joseph Plar^var. 

Thomas Bateman. 

George Hunt. 

William Craddock. 

John Oilman. 

Thomas Ludford. 

George Fuihara. 



Charles Penyston. 
Thomas Goodwin. 
Robert Plyde. 
Edward Yerbury. 
Robert Holt. 

Robert Thornton, Fellow 1684. 

Robert Charnock. 

Stephen Weelks, Feliov/ 1685. 

Henry Holden. 

William Hooper. 



John Hough. 

Xni Seniors present at the 
Election. 
Charles Aldworth, V. P. 
Henry Fairfax, Scrutator. 
Alexander Pudsey, Scrutator. 
John Smith. 
Thomas Smith. 
Thomas Bayley. 
Thomas Stafford. 
Robert Almont. 
Mainwaring Plammond. 
John Hough. 
Richard Strickland. 
Edward Maynard. 
Plenry Dobson. 



168 f. Notes from the Viee-Presidont's Register. 

7 Pebr. 85-. .... Leave to Mr. Prx^sid. on acc-, of his indisposition till 
he is in a condition to return. ' 

March 24. 85. D^". Gierke proesident dyed at Gav/throp Plall in Lan- 
cashire. 

Notice given me of his death March 29, 



at-' • 



.IGS7. 



AND KING JAMES //. 



3 



5. 

1G8'7, March 26. D^". Thomas Sraith's IS'arrative. 

PTeariiig from D^". Ironside; then Vice- Chancellor, and others, that 
they had met with a report that I had €ndca\oured to get the King's 
mandate for the Presidentship of the College, then vacant by the death 
of D^. Cl ?rke, I replied [hat I had as good a pretention (it may be with- 
out the least guilt of immodesty) as any other, and that I knew so well 
liov; the Presidentship had been disposed i)y the Kings and Queens of 
Krcrlond that I s: '.v no ill or indecency in such an application. But the 
whole aiTair in short lie^ thus : 

My frit-nd and colleague D^. Younger came to my lodging at 
Charing Cross, London, on Easter Eve, the 26^^ of T^Iarch, 1687, about 
ten of the clock, just as I v.-as going to bed, to acquaint me. that that 
evening a m.essenger cam:; to him. from my Lady Shuttleworth, in Lan- 
cashire, to I'.-t him kiiGv.- the" lier fatlier, L'''. Clerke, died at her house a 
fau days bi/ore, and tlial this icds a secret^ and to be made use of accord- 
ingl}-. I told him thai the Lady by this quiet and speedy message de- 
signed to p ivhiiTi a p.irt'cukur respect and kindness, as being her Father's 
intimate and dear friend, and that by all means he should procure by the 
interest of Princess Anne, whose domestic chaplain he was, and is still, 
the King's recomm.endatory letters to the College, which would put the 
ni'^rter cat of ".11 po^-ibir douk.t and question, this being consonant to the 
often rtjv-ated advice 1 had given him long before of looking after the 
Presidentship, whenever it should be vacant by D^. Clerke's resignation 
(which once he was inclinable enough to have done in favour of D^, 
Younger^ or by his death, he growing in years and becoming very crazy. 

But the Doctor told me, no; — that he had thought often seriously upon 
it, and now more especially ; that such a kind of life did not suit with his 
genius ; that he should be happy enough without it when the living of 
Bishopstone should fall by the death of the incumbent, who was then 
about fourscore years of age ; that he also absolutely refused meddling 
v/ith it and stirring for it, and then advised me to look after the Presi- 
dentship, and to use my interest in Court to procure it, and take time by 
die torelo'jk. 1 th mkcd hivn for his information and advice as the effect 
of a long ;ind dear fritnaL-hip between us, and told him that it was now 
late at night, that the next morning being P]aster-day I intended to receive 
the Eucharist in Whitehall Chapel; that that day was too sacred and 
solemn to do any business in, however that after I had performed my 
devotion, I would then reflect on his advice and consider what was best 
to be done. 

6. 

1687, March 23. D^. Thomas Smith's Narrative continued. 

On Monday morning, the 28^11 of JMarch, I v/ent to Thistleworth to 
Df. Parker, Bi-hop of ( ?xfo"d, with whom I had then, and several years 
before, an intinrite ac -luaintance, to desire hiai i'> go to London, and to 
represent me to the Kmg, and accjuaint him vvith his knowledge of me. 



4 



MAGDALEN COLLEGE 



16S7. 



I found him not well, and he assured me that he could not go that little 
ourney vvithout great inconvenience, but said he, ' 1 will write for you, 
and that will be as Vv'ell/ So I being in haste to return to London, he 
retired inimediatcly to write the letter, which he said he would give me. 
After about half an hour he brings m.e a letter directed to his landlord, 
where he had lately lodged, dwelling in the Haymarket, saying when he 
gave it me, ' There is another letter enclosed ; you must not know or 
enquire to whom it is directed. This if any thing will be effectual : ' nor 
would he ever tell me afterwards who the person was to whom he wrote, 
though I learned it not long after by a mere accident. After three or four 
days I went to Thistleworth a second time to knov/what answer he had to 
his letter ; for I was not to stir or say any thing of the business 'till I heard 
from him. He then told me that he was not my compedtor, notwith- 
standing the noise of the Town that the King would make him President : 
that the King expected that the person " he recommended should be 
favourable to liis religion, and tlien asked me what I would do, or could 
do, therein. I renlicd, ' my I,ord, I pray acquaint the King, that if his 
Majesty shall plc.isrj to recommend me to the College I will make it my 
business to advance piety and learning, to keep men dutiful and obedient 
to hir- person and government, and truly loyal, and to promote true 
CathoHc Christiarjity and ' I hope,' said I, ' the King will require no more 
of me, for this is all that I can do.' He answered me ; ' This I assure 
you will not do.' I said to him, ' Then let who will take the President- 
ship for m- ; 1 v. ill look no more after it ; you are the only person I have 
addressed to about it.' I pra}ed him upon his next going to Court to 
acquaint the King with the answer I m.ade, and to assure his Majesty of 
my unalteiable ki}-aUy, whether he should think fit to recom^mend m.e or 
otherwise. After this I made no address in the least to any person either 
in the Court or out of if, about this matter, as having been fully convinced 
by the discourse which I had with Bishop Parker that all future attempts, 
, as things then stood, would be vain and to no purpose. 



7. 

1687, March 29. Extract from the Vice-President's 
Register. 

Notum fecit Mr. Sanderson venerabilem virum Henricum Clerke, Med. 
Doctorem, et Collegii B, M. Mariae Magdalenie in Universitate Oxon. 
nuper Prsesidem in agro Lancastriensi obiisse. 



8. 

De electione Prsesidentis Statutum Coll. B. M. Magd. Oxon. 

Prsesidens omnibus scholaribus, Sociis, clericis, ministris, et quibus- 
y . J. cunque aliis existentibus et degentibus in eodem, pra^sit, et 
iS^Pres'X^i i^^"^'^i'^^t}ns perpetuo iruncupetur; vir bon:e conversatioiiis 
et honesta^, scientia. bonis inoril:)as et conditionibus, appro- 
batus, in spiriiualibus et temporaiibus discretus, providus et etiam circum- 



AND KING JAMES II, 



5 



spectus. Cujiis nomiiiationem, electionem et prs^fectionem, perpetuis 

fuLUiis tcmpo:0'-' ■ _ i''^>^nn. ordinnmus ot volvm^us, debere 

fieri sub hac forr,a ; \uk:lic:et, cuiod, codenie, decedenle vel ^^'"^"^^"^'^ 

cMun amoto, i ra?sidente tuiiusniodi, vel alias dicLo C ollegio and election. 

quoquoniodo dcit ituto Praesidiente, infra duos dies immediate 

soquentes destiiutionem huinsmodi, omnes et siriguji Socii Summons of 

^ . ,-. .. J- • • r r . ■ " rcUows. 

iiostri Coliegii prsedicti m universitate prajsentes, per Vice- 

Prx^idei.tem si pr^esens fuerit, vel eo absentc vel alias impedito, per 

Socium simpliciter senioreni ij)sius nostri Coliegii, prcemoniti, simul con- 

veniant in 'lapcli i dirti no^tri Coliegii, de die noniiuationis futuri Prcesi- 

dentis fienda?, ut conven't, tractaiuri : quam nominaiionis diem, quam 

citiiis fieri polerit, infra tiuindecim dies ex tunc immediate sequentes 

continue numerandos, pro nominatione hujusmodi facienda, pra.^dictus 

Vice-Prxsidens vel dictus Soeius slatuat et prx'figat, per literas citatorias 

et monitorias in valvis capellce dicti Coliegii figendas : proviso tamen 

quod Socios sues absontes. per duodecim dies a tempore prcemonitionis 

in hoc casii fiendoi. priusquain ad futuri Prre ''dentis nonilnationem pro- 

cedant, teneantur et debeanl expectare, Quibus huju'^modi duodecim 

diel'us t' ansactis, in crastino convocentur per Vice-]^-a:sidentem, vel ipso 

ai)seiile ]K;r S(,'C;uni Scnicrem, ad capeHam pra)!iictam omncs et singuli 

Cull;,[;ii novLri vSocii prxsentes; cujus ejuidem Vice-Praisidentis seu, ipso 

absente, Socii hujusmodi scuioris vocation! omnes et singulos Socios 

antedictos parere volumus, sub pcena perpetua? amotionis a nostro 

m^:mor:Uo Cn!|er-;o, quam non parentes incurrere volurnus ipso facto. 

Quam etiar.! ptenam omnes ct singulos Socios, in nominationibus et 

eloctionibus quorumcunque officiariorum interesse habentes, et efFectua- 

litcr no'ninare stu eliirere renuentes, incurrere volumus ipso facto. Ex- 

posita vcro per euhdeii couvocantem causa convocationis prsedictai, 

scilicet pro nominatione futuri Preesidentis facienda, pro Spiiitus Sancti 

gratia in hac parte uberius impetranda, antequam ad nominalionem pro- 

cedant, m'ssam de eodem Spiritu Sancto faciant inter se solenniter 

celebrari. Qua celebrain, st.itim legatur lioc pr.'esens staiutum plene et 

perfecte per Vice-Pra.\-iiicntern, vel ipso absente per Socium prredictum 

seniorera, palam et publice. Deinde, ad nominationem iutun ?,;ojj^ij^ation 

Praisideniis, exspectatorum, ut pra^-mittitur, absenda non " of two 

ob^'tante, in forma infra ^^crinta ulcerius procedatur. Duo candidates. 

Socii nostri Coliegii oainib.is aliis Sociis seniores, quos c^cmtators 

scrutatores in ista nominatione esse voluimus, ac omnes 

alii Socii supradicti, tactis per ipsos et per ipsorum quemlibet sacrosanctis 

Dei Zvangeliis, coram Vice-Prossidente prcedicto, vel ipso impdito seniori 

Socio proesente, corporale prx:stent juramentum publice tunc ibidem, quod, 

postposiiis omnimodis amore, favore, odio^ timore, invidia, partialitate, 

affectione consanguinitatis, aflinitatis, facultatis et sciendoe, necnon accep- 

tione personarv.m et {)auiie, et occasione quacunque precis aut pretii, 

cum omni celeritate qua poterint nominabunt unum. vel president to be 

duos de Sociis ipsius Coliegii aut de illis qui aliquando elected from 

fuerint ipsius Coliegii Socii et ex causis Ileitis et honestis Ftlknvs of 

inde recesseniut, vjl nomi^ dumt unum vel duos de Sociis ^.^^^^'^^'jf 

• '\-''v' C^o'lcfe 

'10:,: ri Coliegii Ix-ata; Mari:v Virgin is WyutoaiX' in ( )xonia, * *" ^ * 
Vel de his qui quondam fuerunt Socii ipsius nostn Coilcgn, et cx causis 



6 



xMAGDALEN COLLEGE 



1687. 



recesseruTit honestis. It-a, vero. quod nomincnt duos ex bis pr^edictis 

Collegia's, vel cx pJl^ro eoriindem, in theolop^ia, jure canonico, civili, aut 

in medicinis Doctoros, vel artium xMagislros, quos in ipsorum scientiis 

mar is idon.os, si.fiicientiores, discretiores, utiliores et aptiores ad sub- 

eundum, gcrendum, faciendum et exercenduin, Prcesidentis officium, 

speraverint et firmiter crediderint. Necnon quod illos quos nomina- 

verint sperant et firjuiter credunt, quoad bonum et salubrc regimen et 

diligenteni cuiam ip>ius Collegii, personarum, statutomm. ac bonorum 

ejusdem Collegii, terrarum, possessionum, et reddituum, spiritualium et 

temporaliurn, et jurium eorundem, conservationem, plus posse proficere 

debefc. Jurabuntque insuper dicti scrutatores, ante ipsura scrutinium, 

quod votum cujuslib^t Sociorum pra^dictorum in ipsa nominatione dili- 

genter et fideliter examinabunt; qui, ut prx^mittitur, examinati, coram 

dictis scrutaloribus sua vota secrete et siglUatim emilrere et ea manu 

propria in scriptis redigere teneantur et debeant: ad quod etiam dictos 

scrutatoics per duos ])roximos seniores, rnodo quo pnefcrtur examinatos, 

arclari volumus et ordiuamus. In quo quidem scrutinio, 
bcru'Liny of • • , • • • 

votes ^' commgat cluas personas vota majons partis omnium 

Sociorum tunc pra_'sentium habere, senior dictorum scru- 
tatoru'U, dicto scrutinio inter se communicato et fideliter calculato, ipsuni 
scrutinium mox de hujusmodi nominatis personis publicet in communi. 
Qua publicatione facta, ilU^ personse pro nominatis habeantur. Si vero 
in dicto scrutinio in duas pcrsonas consensum non fuerit. ut prjsfertur, 
absque omni tumultu et contradictionc iiorum consimile fiat scrutinium ; 
el sic deiiicep'S por tres dies continuos. Quod si in tertio non coiicor- 
datum fuerit, illi duo pro nominatis habeantur qui, scrutinio inter dictos 
scrutatores communicato, plures Sociorum nostri Collegii voces, partium 
eomparaiionc numerum, habere inveniuntur. Si vero nulli duo plures 
voces simpliciter sed multi a:quales voces numero habuerint, ilii pro 
nominatis habeantur qui de habentibus aequales voces numero fuerint 
seniores; quod per seniorem ipsorum scrutatorem in communi publicetur. 

Qua publicatione facta, statuimus et volumus \^ice-Prcesi- 
Final selection (j^ntem, vel ir-so absente Socium simpliciter seniorem 
of one of the ; ^ . i • o • • n •• 

twonamed for pr^csentem, convGcare tredecim bocios seniores Collegii, 

President. ad efficacem et finalem electionem unius de personis 

^ , . , nominatis, in Prxsidentem assumendi et prasficiendi. Qui- 
Oat i oi < lec- , ' . . , ; • T- I • 

tQj-g Dus convenientibus, jurabunt omnes et smguh tredecim 

seniores praedicti, quod, postpositis omnimodis amore, 
favore, odio, timore, acceptione personarum et patriie, ac partialitate 
facultatis et sciential, ac occasione quacunque precis aut pretii, quod 
cum omni celeritate unum de prnsdictis nominatis, quem in ipsorum 
conscientiis magis idoneum, sufticientiorem, discretiorem, utiliorem, et 
aptiorem crediderint ad exercendum Prxsidentis officium, eligent, Vice- 
Prssidente nostri Collegii, vel, ipso absente, Socio seniore dictos tredecim 
et quemlibei eorum cum dicto juramento oneranie, vel, si Vice-Prsesidens 
de iliis tredecim senioribus unus existat, per alterum seniorem simili jura- 
mento oneretur. Quo facto, scrutatores in prima nomina- 
votes^° tione scrutinium de votis prxdicrorum tredecim seniorum 
Prxsidentern eligere debenrium facere teneantur. In quo 
scrutinio, Socii Praisidentem eligere debentes vota sua pure, simpliciLer 



16S7. 



AND KING JAMES IL 



7 



et secrete, manibus ipsis scribere teneantur, ipsis scrutatoribiis vicientibus 
.1 : .~ : i-'-.'i' -:- yry,]\r^i\ f^cr^ifntorcs, jurameiuo simili prasstito, sua 
vota sci ibQ'U cormn (ii'obiis seirioribiis post eos proximis, })urc, siinpliciter 
el secrete. In (:Uo quidem scnuinio, si contingat unam personam vota 
omnium prcedieLorurn trcdecim habere, scrutatores proedicti, dicto scru- 
tinio inter se communicato, ipsum scrutinium de hujusrnodi electa persona 
mox per seniorem illorum publicent in communi. Qua publicatione sic 
facta, ilia j-ersona pro electa habeatur in qua tredecim Socii pr?edicti con- 
senserint. Si vero in dicto scrutiiiio in unam personam per dictos tredecim 
unanimiter consensum non fuerit, nihilominus ilia persona pro electa habea- 
tur, absque- tumultu, contradictione, querela, appellatione, supplicatione, seu 
quocunque inipedimento juris vel factijin quam per majorem partem prte- 
dictorum tredecim consensum fuerit; et coram omnibus et singulis tunc 
ibidem praesentibus, celerius quo fieri potent, pro Pr?esidente nostri Col- 
legii per unum procdictorum scrutatorum denuntietur. Quibus omnibus 
sic peraciis, nuUo alio jui is ordine, proce^su seu solennitate, 
in hac parte ob: erv>- ' i- etiam requi^itis. ilia ])er-:ona, in Presentation 
Pra3sidentcm sic in scrulinio fmaliter noniinata, citius quo <^^' tl'^ PrL-i- 
j /> . , . . r- ' • • • aent elect to 

comTnode nen potent per unum seniorem Socium ipsuis ^^xe Bishop of- 

Collegii, p^ r majoxm partem ipsorum tredecim seniorum Winchester, 
nominandum, una cum literis electionis prcedictce formam 
ac praesentis nostri statuti, et nominati hujusmodi juramenti prajstandi, 
tenores plenarie coutirientibus, sigillo communi dicti Collegii sigillatis, 
domino Epi-<:opo W'-nt ""licnsi, qui pro tempore fuerit. vel, ipso in remoiis 
exira dioeeesim suam c'gcnte. ipsius in spiritualibus vicario generali, auc, 
sede Episcopali vacante, custodi spiritualitatis, pro^sentetur. Quibus 
literis supra electione seu nominatione hujusmodi, modoque et forma 
pra:dictis, absque probatione alia, plenam fidem volumus adhiberi. Qui 
quidem Socius, cum dicta persona in Prcesidentem nominata et electa, 
mittendus coram dicto Episcopo Wintoniensi, ipsius Collegii tunc Patrono, 
seu illo cui dictam pra?sentationem fieri tunc continget, propositionem 
facere teneatur, dictum Collegium, personam in Prsesidentem nominatam, 
et omnes alias personas dicti Collegii, eidem specialiter, decenter et 
honorifice, commendando. Ipse vero Episcopus dictus -.itution of 
WintoniensiSj seu ipsius vicarius, aut custos spiritualitatis "pflsident. 
ejusdem, cui dictam prcesemationem fieri continget, per- 
sonam sic electam, absque mora, dispendio, et sine processu judiciario, 
et absque impugnatione electionis sive nominationis prxdicttie, died Col- 
legii praeficiat extra -judicialiter in Pra^sidentem. Si autem dominus 
Episcopus supradictus, aiiusve ex prasdictis personis ad quem dictam 
prcesenlationem fieri contigerit, et ad quem dicti Praesidentis prcetec- 
tionem spectare volumus, ut prasfertur, per quinque dies a tempore 
praesentationis prxdicti^ sibi factse continue numerandos, noluerit {.per- 
sonam in forma prajdicta electam pra?ficere in Prcesidentem, extunc 
eiectus hujusmodi eo ipso prsesentis nostri statuti vigore in Prajsidentem 
dicti nostri Collegii sit prsefectus, et pro et iegitimo ac perpetuo Prcesi- 
dente inibi habeatur. Proesidentemi vero hujusmodi quemcun<,]ue, statim 
post pra-^fectionem suam, si hujusrnodi prxfectio tunc fiat, primo coram 
liio qui ipsum pra'fecent in PiaJ^i!lenLcm, et subsequenter in praisentia 
omnium Sociorum ipsius Collegii prL-esentium, antequam quoquomodo 



8 



MAGDALEN COLLEGE 



1687. 



administiet, tactis et inspectis per ipsum sacrosaiictis Evangeliis, sub- 
srrin:',nn prro?tn.re voluiriiis juramentum. 'Ego, N., in 
rja';i.'k-ntom Coilecii Beaice IMarice ^iuirdalen^ in Uni- 



takcTi hy t;ie 

Pres.'Jcat. ^■^-■^^iLate Oxoiiia.^ iiominatus, eleclus et prcjfectus, jiiro, 



taciis et inspectis per me istis sacrosarictis Evangeliis, quod 

ministration. 



Impartial ad- ^-ji^j-j^j^-j Colle.i^iuin, omnia beneficia^ terras, tenementa, pos- 



se.ssiones, reddilus spirituales et lemporales, jura, libertates 
et pri\'Iegia, et bcna qiireciinque ejusdern, necnon et singiilos Socios et 
scholares ipsius Coilegii, juxia statuta et ordinationes reverendi patris 
doniini \Viilic!<ni A\'ayru:iltjLe, f\indatoris ipsius Coilegii, absque per- 
sonarum, scieriiiaruin et facul'atum, generis et patria3 acceptione qua- 
cunq.ie. regam, custodiam, dirigain et gubernabo, et per alios regi, 
custodiri, dirigi et giil'ernari, fociam juxta posse. Item, quod nec Sociis 
vel scliolaribus ejusdem Coilegii, in aliqua scientiarum seu facultatum 
hujusmodi studenlibus, occasione scientiLe seu facultatis ejusdem, plus 
quani Sociis ali's vcl scliolaribus in scientiis ciliis seu facultatibus studen- 
tibus, fa\ vns ac jii- tiilis ero : nec me partem pro aliquo aliqualiter 
faciam, nec conLr.; jiisuliam, caritatis et fraternitatis amorera, grava- 
mina vel molestias alicui inferam vel inferri faciam quovismodo ; quod- 
^ ^ que, quantum in me fuerit, correctiones, punitiones, et 

ami^punish- rcformationes debitas, veras, rationabiles atque justas, de 
ments. quibuscunque delictis. criminibus et excessibus, scholarium 
et Sociorum dicti Coilegii quorumcunque, quoties ubi et 
quando, ac [wout opus fuerit, juxta negoiii qiribtatem, omnemqiie vim, 
formrm et elTeci.'jm, ordinationum et Ma',urorum prcedieti Colicgii. per 
dictum reverendum patrem editorum, absque partialitate quacunque, 
postpositis et cessantibus omnimodis prece, predo, amore, timore, odio, 
invidia et favore, necnon aliectiunibus sanguinitatis, et atlinitatis, facul- 
tatis seu sciential, ac pra?rogativis spiritualibus ex quibuscunque causis 
protensis etiam vel conceptis, diligerUer et indilTerenter faciam et exer- 
cebo, et ea per alios fieri et exerceri faciam et etiam procurabo, et ea 
qua: mea parte fuerint facienda fidcliter in omnibus exequar et exequi 
faciam juxta pos.-e. Et si huju^mod/i correctiones, punitiones et reforma- 
tiones, ut prxfenur, dcbite facere non potero, propter metum et potentiam 
seu mukitudinem delinquentium, ipsorum nomina et cognomina, cum 
qualitate et quantitate delictorum et excessuum hujusmodi, extunc, quam 
citius potero, infra mensem, domino Episcopo Wiutoniensi, qui pro 
tempore {"uerit, scu, ipso in remotis agente, ejus vicario generali in 
spiritualibus, vel, sede Wiutoniensi vacante. custodi spiritualitaris ejus- 
dem, denuntiabo et revelabo; et per eos hujusmodi correctiones, puni- 
tiones et reformationes, juxta statuta et ordinationes prcedictas, in omnibus 
solerter et celeriter lieri procurabo. Item, quod guberna- 
Administra- tioni et regimini omnium tcrrarum, possessionum. reddi- 
^°&c^""''' ^^^"^ spiritualium et temporalium, necnon administrationi 
bonorum et rerum ad ipsum Collegium qualitercunque per- 
tinentium, cum omni diligentia et pro\identia mihi a Deo concessis, 
fideliter et diligenter intendam, ac alios ejusdem Coilegii ofjficiarios et 
ministros, in diversis ofliciis et ministeriis depaiatos et deputandos, in- 
tendore faciam. juxta pos -e. Item, quod oiviira el singula bona et 
catalla dicti CoiL-gii, in commodum et utiliialem Coilegii, scholarium 



K)87. 



AND KING JAMES II. 



9 



et Sociorum prxViiclorum, prout necessitas cjusdem exoj;!;erit, et statiita et 
orclinn.tio?).es prredicii revereiKli patris in hac parte pleriius dictaveriut, 
admiaistrol'O, procurabo, et faciam utiliior et fideliter dispcnsari et in 
onin.ious adi.iinisLi-a i ; et ea qnce residua fuerint et excreverint ob- 
Svjivabo, ci faciciiii aa incrementum dicii Collegii et commodum fidoiitcr 
conservari. Tuin, quod lites, placita et jurgia qua^cunque, 
ipsius CoHegii ciefcndain, necnon omnia et sin^-ula nei^oda I^-^'ence of 
• / ' r • . ■ " suits. 

ipsi;rn oiicgmni quaiiLcrcunque conctrnentia prosequar • 

dili^^onter, poi^essione^que, libertatts, privilegia, jura qucecunque, ipsius 
C ollecdi manutcnebo viriliter et defendani, et faciam ab aiiis m.anuteneri 
et d'^reudi. Hoc irtpv-u salvo, quod causas, placita, aut 
lites graves, in qihl 'is verli poterit ipsius Collegii exhrere- *^PeUo^,v"^' 
datio vel grave prcejudicium, ali.-que major is partis onmium 
Sociorum pra;seniium dicti Collegii maturo et deliberato consilio et 
assensu, non incipiam nec movebo, nec inchoari nec moveri faciam 
quovisrnodo. Item, quod ultra duos menses continuos Ab?en-e 
vel interpolatis vi;:i>^u-, (i'.-continuos, nisi, ex aliqua causa ' ^ 

rationabili per trc-dccim i^cniores appiobanda, per umcum alium mensem 
me abesse contigerit. in anno aliquo a dicto Collegio me non absentabo 
nisi pro n gu'.iis Cc-ll'-gii supradicti. Item, quoties elccdo \ ^ f 

vel assum| io .-r];o!.iris vel schoiarium in Collegium praj- schokrs^' 
dictum fuerit facicnda, ut solum tales eligantur et etiam 
assumantur quos, secundum conditiones et qualitates in ordinationibus 
dicti C;^'! ri -:a:i;tis cxprcssatas, habiles, et idoneos rcputavcrim, el 
quos ill -cir.uiis ^. 11 L.c: iil:,iiLbiis quibus insi-tent ad commodum et uiili- 
tatem CoUcgii praeciicti plus posse proficere ac debere firmiter crediderim, 
sine personarum vel patriae acceptione, amore, odio, invidia et favore, 
timore, prece ac pretio, postj)05itis quibuscunque, quantum ad me per- 
tinet, partes meas fideliter interponam et id fieri eflectualiter procurabo. 
Item, in casu quo ab officio meo, ob culpam meam vel 
etiam propter causam aliquam, me amoveri contingat, vel Surrender of 

forsan ceuam eidem, si bona aliqua died CollcL^ii post goods ot the 

, ... ) ^ ir College in ca-^e 

amotionem vei cCiSionem imju^rnoLli recepero, et qua^ per of deprivation 
me primis reccpta fuerint mihi aui usui meo applicavero vel of ofhce. 
appropriavero, prajter ilia qua3 mihi pro hujusmodi officio 
exequendo in dicti Collegii statutis et ordinationibus disponuntur, scd 
ipsa omni.i et singula successori meo, Praesidenti died Collegii, et eidem 
Collegio, ad u^um et udlitatem ejusdem Collegii, integre resdtuam et 
refundam, absque contradictione seu diminutione quacunque. Item, si 
per me seu occasione mei aliqua dissensionis materia, irae 
vel discordice, in dicto Collegio, quod absit ! suscitata fuerit, Submi-so;onto 
si super ipsa materia per Vice-Pra^sidentem, Decanos et 
quinque Socios seniores, finis rationabilis seu placabilis j„;itter.s of 
factus non fuerit, tunc ordinationi, disposition!, laudo et dissension, 
arlnirio, domini Episcopi Wintoniensis, qui pro tempore 
fuerit, seu, ipso in remods agente, ejus vicarii in spiritualibus generalis, 
vei, Episcopali sede Wintoniensi vacante, custodis spiriiualitatis cjusdem; 
et quod eorum aliquis statuerit, ordinaverit et diUiniverit, in ea parte 
fideliter .observabo, et eisdcra cum eiicciu par^ b(.> .-a tie contradictione 
t[uacunque; cessantibus appellationibus, provocui.ionibus, quereiis, ex 



lO 



MAGDALEN COLLEGE 



1687. 



ceptionibus. et aliis juris et facti rernediis qiiibusciiiu|ue ; nocnon omnibus 
et singulis in vim y.-Dcti renuiuio in his scrijitis. Jlcm, staiutum illud de 
susten'.atione et rfpnrarione caiiellx- et aula) Coilcgii supradicli et alionim 

redilicioruni cjusdem, quod sic incipitur, 'Item, quia, secun- 
of^Srctes^^^ 3-uctorit:-uc>, facilius est destruere,' etc., et omnia in 

eod'jTa statuto contcnta ; necnon omnia et singula statuta 
ct ordinationes duii Coilcgii J3eat^e Marian Magdalenx in Univcrsitate 
Oxontuib-i, per dictum n.-\<:r;;i]dum patrem dominmn AViihelimmi Wayne- 
flcete, dicli (_'o!l<;gii Fundarorcm, edita et cdenda, quaienus ipsa me con- 
cernun!, rvCun li;Mi Jiieralem et grammaticalem sensum et intellectum 
eorundem invi- .bililli^er tenebo, exequar et observabo, et quantum in me 

juci ii riciani teneri, exequi,.et ab aliis observari. Item, si 
°crSS contingat nie scire secreta dicti Collegii, ipsa in damnum 

dicti Collegii nulH extraneo revelabo. Item, quod ad dicti 
Assistance to CoHegii meliorationem, augmcntationem bonorum, terra- 
College in c^-.e posscssiouum, reddituum ct jurium eiusdem, et serva- 

tioncm ct deiensjonem, promoiionemque et cxpeditionem 
negotioruru dicti Collegii quorumcunqtie, ad quemcunque statum, gradum, 
dignitatem vol oflicium, in postero devenero, in sanis consiliis, beneficiis, 
favoiibus f. t auxiHis, quantum in me fuerit et ad me pcrtinucrit, diligenter 
juvabo, et pio eisdem fideliter laborubo, et usque ad iinalem et felicem 
expeditionem negotiorum dictorum juxta posse instabo, quam diu vixero 

in hoc mundo. Item, quod non procurabo diminutionem, 
Maintenance mutationcm, trauslationem seu annuliationem, alicujus nu- 
^^"h"^^ ^""^^ meri in aliqua scientia seu facultaie, nec etiam numeri 
thecllfi-rcnt dictorum aiit caiterorum ministrorum capellai dicti Col- 
laculties. l^gi^ stalutis et o^dinationibu■^ dicti Collegii limitati, contra 

fonnam statulorum et ordinationum ejusdem Collegii, vel ea 
fieri permittam seu tolerabo, secundum meum posse, seu eisdem con- 

sentiam quovismodo. Item, quod nulla alia statuta seu 
Adherence to ordinatioucs, interprctationcs, mutationes, iniunctiones, de- 
tutes clarationcs aut cxp'Osuiones, vci glossas alias pra^sentibus 

ordinal ionibus et statutis, vel qualitercunque vero sensui et 
intellectui eorundem repugnantes et repugnantia, derogantes vel dero- 
gantia, contrarias vel contraria, per quemcunque seu quoscunque, almm 
vel alios quam per reverendum patrem Wilhelnmm Wayneflete, Funda- 
torem prcX-diciuin, fiendas vel fienda quomodolibet, acceptabo vel ad ea 
consentiam aut ipsa aliqualiter admittam, nec eisdem parebo ullo tempore 
vel intendam, nec illis vel illorum aliquo ullo modo utar in CoUegio prze- 
dicto vel extra, tacite vel expresse ; sed eis et eorura cuilibet contradicam 
et etiam resistam expresse, ipsaque fieri viis et modis omnibus quibus 

scivero im|)ediam juxta posse : interpretationibus tamen, 
Interpretation, injunctionibus, declarationibus et expositionibus, per reve- 
Vi'*ito^s rendos in Christo ijatres, domiiii Fundatoris successores, 

Episoopos Wintonienses, de et supra dubiis statutonim con- 
Petractionand tingentibus faciendis, obediam et in effectu parebo. Item, 
™°c{>rd Qi^o<\ non ero detractor, susurro, seu faciens obloquia, aut 

provocans invidiam, odium, iram, discordias, contumelias, 
rixas et jurgia, ac spec i ales vel prieceilci'ies prxrogativas nobilitatis, 
generis, scientiarum, facuiiatum aut divitiarum allcganSj nec inter Socios 



10S7. 



ylND KING JAMES II. 



II 



ejiisdem Colle.srii, vel alios Universitatis Oxonix^ schohres, anstrales, 
aquilonares seu horcales, aut scientiarum ad scientias, facultatum ad 
facukates. i.atrias a I patriam, generis ad gerais, nobilitatis ad nobili- 
Va.Wm Vcl ar' igr.obiJitatem, seu alias qualitcrcunque coniparationes, quaj 
odios3e sunt, in verbo vol in facto, causa conmiovendi Socios vel scholares, 
scientias sfu edani facul!ate>, tacile vel expresse, publice vel occulte, faciam 
quovisniodo. Item, quod nullas convcnticulas, conspira- 
liones, confce^ierationes aut pactiones. aliquas ubicunque, Conspiracies 
infra regnuhi An£]:li:e vcl extra, (contra) ordinationes et ^CoHe^ e^^ 
statuta dicti Collegii concernentia, vel contra ipsius Collegii ^ 
statum, utiUtatera, coiunjoduni et honorem, aut contra aiiquem Sociuin 
dicti Collegii. illicite faciarn, vel ipsa procurabo seu permittam ab aliis 
fieri, quantum in me fiierit, quomodolibet in futuris ; seu facientibus ipsa 
vel eorum aliquod prsestabo seu dabo consilium, auxilium vel favorem, 
aut eisdem scienter intercsse pra:sumam, nec ipsis consentiam tacite vel 
expresse. Item, de vcris et perpetuis Sociis in dicti Col- 
legii eligendis it adrpiitend;^ Hdole consilium, omni favore E^^tions of 

^ r .- . , , 1 . . fellows. 

postposiLO, trUuiam ei uni.eudam, ut de boms personis, 

castis, honestis^ apris, et ad studendum et proficiendum in actibus scho- 

lasticis h:ibiiil)us et idonois. juxta formam statutorum dictorum, ac pro- 

ficere volenlibas, [)rovideatur cidem. Atque contra domiaum 

Episcopum Wintoniensem, qui pro temp^ore fuorit. aut eccle- Assistance in 

siam Wintonien^cm. Prioremve aut canitulum i[>sius ecclesise, against 
. • , . ^ 'the Bishop or 

m ahqua cau- 1 u r^.nn ei'(..!'.>iani conrernente. scienter non ero Church of 

consilio, auxdio vel favure ; causa mea profina et died Col- Winchester. 

leiyii ciiU^a duntaxat exceptis. Item, quod non impetrabo 

r , • I- V , , Dispensation 

clispensationes aliquas contra juramenta mea prxdicta et from oaths or 

contra ordination/s et statuta de quibus praeuiittitur, aut statutes, 
ipsorum aliqua ; nec dispen^ationes hujusmodi per me, alium 
vel alios, pul.)iice vel occuke, impetrari aut fieri procurabo, directe vel 
indirecte. Et si forsan aliquam meam dispensationem hujusmodi impe- 
trari vel gratis oiTcrri aut concedi contigerit, cujuscunque fuerit auctori- 
tatis, seu si goneraliter vel specialiter, aut alias sub quacunque forma 
verborum concessa, ipsa non utar nec eidem consentiam quovismodo; 
sicut Deus me adjuvet, et haDc sancta Dei Evangelia. Et si 
contingat in posterum me, propter mea demerita seu causas "^gj^^yal^*^ 
in picesentibus ordinationibus et statutis contentas, juxta from office, 
formam ordinationum et statutorum dictorum, ab officio 
meo expelli seu alias amoveri, ex certa mea scientia, pure, sponte, sim- 
pliciter et absolute, omni actioni, occasione expulsionis seu amotionis 
hujusmodi, contra ipsius Collegii Socios vel Socium quemcunque insritu- 
endse, appellationique et querel^e in ea parte fiendce, ac quarumcunque 
iiterarum impetrationi, precibus principum, prielatorum, procerum mag- 
natum et aiiorum quorumcunque, necnon et quibuscunque 
curiae ecclesiasticce vel sascularis ac omnibus aliis remediis, OathofPresi- 
juris et facu, per quas aut quae petere possem me recon- ' 
ciliari vel in integrum restitui, contra prcemissa, quantum- fornVofapub- 
cunque alias rnihi probitatis et vitas merita stitlragentur, in Pic instrument, 
vim pacti renundo in hi- scriptis.' Voiunuisque quod de 
juramento prsedicto, statim iiat instrumeiUum publicum, signo et sub- 



12 



MAGDALEN COLLEGE 



1687. 



scripiione alicujiis Rotarii piiblici miinitum, ipsius jnrameiiii diemque et 
formnp-!. or Tiomen et cop-noinen Pr3;sidentis prsedicti sic jiirantis, ac 
cujus dicecesis cxistat, conrinens; qnod \\\ thes-aurario communi dicti 
Collegii nostri }>er]'eUio reinaneat sulj cusuodia diligenti. 

(Luej alim from SlcJiiks of the Colleges of Oxford, Lond. 1853, vol. 2.) 

1687, March 31. Notice of Kew Election \ 

The Presidentship of S^^ Mary Magdalen Ce-llege in th.e University of 
Oxford being void by the death of Di'. Henry Clerk, late President of 
the same, the Vice-President, D^". Akhvorth-, gave notice to all the 
Fellows present in the Chapel on Thursday the 31^* of IMarch, 1687. 
when it was unanimously agreed to proceed to the election of a President 
on Wednesday the 13th of April following, at nine o'clock in the morning, 
in the Ci^ipei, and in order thereto the Vice-President caused a citation 
to be fixed on the Cliaptd door of the said College, siguifyiiij^^ the vacancy, 
time and place of the election, according to the direction of the Statutes; 
but, before the day of election, being credibly informed that His Majesty 
had been pleased to grant His Letters mandatory in behalf of M^. Anthonv 
Farmer", they most humbly represented to His Sacred Majesty in their 
petition, bearing date April 9*^, that the said IM^". Farmer was incapable 
by their Statutes of being President, and therefore tliey did most humbly 
pray His r\Iaj<rsty to leave them lo a free election, or recommend such a 
person to them as was capable by their Statutes. 

(Iviparlial Relational 

10. 

1687, March 31, Extract from the Vice-President's Hegister. 

Carolus Aldv.-orth, LL.D., Vice-Prceses, convocavit omnes et singulos 
socios in Collegio praesentes in Capella Collegii pra.^dicti, et ex unanimi 
■ eorundem consensu decimum tertium diem insequentis Aprilis Electioni 
Prxsidentis hora nona ante-meridiana in Capella peragendse staiuit et 
prsefecit, pra^monitis insuper sociis absentibus per literas citatorias ad 
\aivas (!ictje capelhe appositas Electioni pra^dictce interesse. 

^ For convenience sake I have taken the copy of 'an impartial Relation of the 
illegal proceedings against Mary Magdalen College in 0\on, in the year of our 
Lord 168;, containing only matters of fact as they occurred '—printed in Cobbett^s 
Collection of State Trials, No. 355. vol. xii. p. 4 : and the 2^-^ Eldition of the Relation. - 

* D"". Charles Aldworth. He was supposed, with some probability, to have been 
the author of 'The Impartial Relation.' Aldworth was connected Vvitli the family of 
Lord Braybrook, in whose posstjssion are some of Aldworth 's jjapeis rebating to that 
affair. S^e a note cf D"". Routh in his last edition of iiuniet's Reign of King 
Jarnes II, p. 171 n. 

3 Anthony Farmer of Magdalen Hall, M.A. Trin. ColL Cambridge, incorporated 
13 July, 1680. Entered at Magdalen flail in Septt-niber 16S3. Left the Hall 13 July, 
16^5, and admitted into MrLg(ia}cn College. (Anthony Farmer wa.s aciniitted Pensioner 
of St. Joh:-'\-; C' ilit'g:^ (/arr. r^ri'l je, 3 |alv, i'''>7J- ^n ''f j.^lia Fc^rnu-r ot Fr.nvdciwoi th, 
Leicestcrsliire : m.-'inciilitci i 4 i\v;g. 167-% ai.;ed 14 (^ Triiiity) 1676-7. M.A. 

i63o. Admitted Scholar at Tri'iity College 21 April, 1076.) 



1G87. AND KING JAMES lU . 13 

11. 

168*} 5 March 31. iloLe from the Vice-President's Register. 

A; a J'Jecting- in y- Ci^apel after Euening seruice by y<^ unanimous 
Agaeni^ of ihe v'iccpr: & Fellows the 13^^^ 01 Aprili next was appointed 
ye day of Elec tion of a New prcesid, & a citacon then red to y© fellows, 
<S: iiTiediatcly fixt up at y® chap: door. At y© same time read a letter to 
y" Visit' tr in ye Name of y^ Vicepr: & Fell: signifying y© death of ye pra3s: 
& praying His L^-p'^. aduice & Assistance in ye election. 

12. 

1687, March 3i. Letter from the College to the Visitor. 

[77/6' italics represent erased words, the interlinear being snhstitiited^ 

PkEay it please your Lordship, 
Ijv an Express out of Lancashire have receivd aduice of the death 
of rX CKrrke prarsident of our College, after Halfe a years absence 
us 

from ye Coll. by reason of his continual sickness & indisposition. 

Otir former experience 
TJie ronst-.mi ext>in,nce v:e have had of your Lordships goodness has 
cmboidenri us at this time to implore your Lordships aduise & assist- 
ance in a business of so great concern to the wellfare of ye College; & 
to make it our most humble request, That your Lordship would be 

to patronise v.j in the choice of a prxsident according to the direction of 
ple-ised {if or asion be) to recomcnd ics to His JMajcsties Grace c^* 
our Foun lt-Ts St.ni.tes 

favour, and prevtJit any stranger s being set oner us. Your Lordships 

ajipeariti!^ in c ur b-. hah' at 

siimr/ohing [r] of us o.t this time will give us that credit cf- repuiacon as 
will secure us from ye designs of those who wish ill to us, & lay a per- 
petual obligacon of duty & gratitude upon 

May it please your Lordship, 
Your Lord.-hips IMo.^t Humble <n: ]Most denoted seruants 

The Viceprais : & Fellows of S^. Mary Magd. Coll. in Oxford. 
{Endorsed) — Our Letter to the Visitor. ifBraybrooke MSi) 

13. 

1687, April 1. Letter from the Visitor to the College. 

Gendemen 

Your Prse ddent being Dead, I doe most earnestly press you to 
the observacon of your Founders Statutes in the Election of a Successor ; 
& shall no farther recomend the Bishop of i\Lan\ formerly of your Body, 
then he comes (as I hope he doth) within the Statutable compass of }'our 
Favour, i commit you to Gods Protection, & am 

Yours affectionately P: Winchestr. 

Farnham Casde April 1687. 
(Endorsed) — To I'he Reverend the Vice President of Mugdalin Colledge 
Oxon to be iorthwith coinunicated to the Fdlowes. (fJraybrooke HIS.) 

^ Baptist Levinz. 



14 



MAGDALEN COLLEGE 



3687. 



14. 

1687, A| ril 1-9. I^Totes from the Viee-Presiclent'B Register. 

Aprill l^t, The plate in y© praes: lodgin,o-s was inuentoryd by yQ 
Vicepr: & Officers & weighd by Pater y« Colt Goldsmith and delivred 
into ye Bursa's custody. 

Aprill 2'-S The books & writings relating to y© Cott then in y® praes: 
lodgings his dining room k chamber, were put into 7 boxes nailed & 
sealed with y« seal manual, & placed m yo lower room in yo tower bv y® 
Vicepr: & Ohicers. 

Aprill 2'i, a Letter from y® Visitor to y® Society read in ye chappell, 
pressing to proceed in ye Election of a pra:-s: according to y® founders 
Statutes, &; recomending to our Choice y^ Right Reuer: father in God the 
Bp. of ?»'an. At y© same time agreed by ye Society, yt ye reparacon of ye 
Organ (accord: to y- projiOsals made to ye Colt by iM^. Harris) for weighty 
Reasons be laid aside at present, & i\b-. Harris to proceed in y'' worke 
no farther v.idiout fiesh instructions from ye Colt. The same day 
Thom/as Williams adTnitted Clerke in the place of Owen deserting the 
Coll ; He wa- Sworn by I\Ie Apr: 5^^^ in prcesentia Jacobi Almont publici 
Notarij. 

Apr: 4t^s IM^. Clerke required by me (per Jac. Almont Notary) not to 

move or take any out of ye prai's: Lodgings till the Bursars of 

ye Coll had Invcntoiied the Colt .... 

. . . . Bassett admitted k sworn Clerke in y^ place of Clerke marled 
& receded from ye Colt. 

Apr: 8. in pr«^sentia Jac: Almont Not. publ: 

[Remainder of page iorn off^ 

Apr: 9. A Letter from ye Visitor for dispensing with M^. Ludford 
3 y^ars for not taking Orders, approved of by ye Vicepr: (Officio prccsi. 
uacante) Deans & Buisers. 

15. 

1687; April 5. The King's Mandate, 

James R. Trusty and well beloved, we greet you well. Whereas we 
are well satisfied of the piety, loyalty, and learning of our trusty and well 
beloved Anthony P^arrner, Master of Arts of that our College of S*. Mary 
Magdalen, we have thought fit hereby eifectually to recommend him to 
you for the place of President of our said College now void by the death 
of Di. Clerk, President thereof: v/illing and requiring you forthwith, upon 
receipt thereof, to elect and admit him the said Anthony Farmer into 
the said place of President, with all and singular the rights, privileges, 
emoluments, and advantages thereunto belonging, any statute, custom, or 
constitution to the contrary in any ^^■ise noi withstanding, w lie re with we 
are graciously pleased to dispense on his behalf. And so not doubting 



1637. 



AND KING JAMES II. 



15 



of your ready compliance herein, We bid you farewell Given at our 
Crjurt ai. Wliiiobr.l! the day of April, 1687. In the third year of our 
reign 

To our tru Ly i.nd v.-ell beloved the Vice-President and Fellows of S^. 
Mary Magdalen College of our University of Oxford. 
By his Majesty's Command. Sunderland P. 

16. 

1687, Ai^ril 6. Continuation of D^. Smith's Narrative. 

I went over to v^-ait upon my Lord x\rchbishop of Canterbury at Lam- 
beth ; — after dinner his Grace came to me, standing by the window, and 
spake to me in these words : ' Doctor ! will the Presidentship of your 
College fall intr> your hands?' I answered, 'No, my Lord, I do not 
expect it. T shall never agree to the conditions/ lie replied, 'What 
conditions ? ' I said aL^aui in general lerms only (without mentioning 
the discourse T had luid a tew days before with Bishop Parker), 'I know 
very well v.-hf't 1 say to Your Grace.' 'Then,' said he, without asking 
any further question 'well, Doctor, I know you are an honest man. 
May you have your reward ; if not in this world, yet God is a good pay- 
master.* So he left me and went to other company. 

17. 

1687, i^pril 8. The Bishop of Winchester's Letter to the Lord 
President upon the first noise of the Mandate. 

IMy honored Lord, — The obligation I have upon me as Visitor of St. 
IMary INIagdalen College, Oxon, occasions this address : for I am informed 
that great endeavours are used with his IMajestv to recommend one Mr. 
Farmer, who is not at present, nor ever was, Fellow of that College, to 
be President of it, which is directly contrary to the Statutes of the 
Founder, as I am confident some, who promote Mr. Farmer's interest, 
cannot bo ign )ran-t of. And were there not many persons now actually 
Fellows, and several who huve formerly been (in parlicular the I^ishop ot 
I\Ian and Dr. Jessop), very eminent for their learning and loyalty, and 
every way qualified according to the Statutes, I should not press your 
Lordship to lay the concern of the College (which hath upon all occasions 
expressed its Z'^al and forwardness in defence of the Crown, and as 
I particularly know in the great affair of the Succession) before his 
IMajesty, who I hope will leave them to the Rules of their Statutes, which 

^ 'Farmer had cot the qualifications required by the Statutes: though an inruate, he 
was not a Fellow either of that College or of New College in the same^ University ; 
neither was he distinguished by the extent of his learning, or the regularity of his 
morals. His sole title to the roval favour sprung from r.he adroitness with which he 

ha'l insinuated hini:;clf into the good opinion of bO;rs.: an;' ng the King's advisers, as a 
man of loyal principles an^i VvcU disputed to iLe ,_R.; ..uhoiic uitercst.' Lingard, 
Ilisf. of Ef!gia}:d, \'o\, xiii. p. loS. 



i 



j6 



MAGDALEN COLLEGE 



1687. 



have hitherto (excepting in the times of Rebt ilion) been consiantly 
observcd, and v b'ch v iH the higiiest satisfaction to that truly loyai 
University, an<i ^j.rorni.vLc U'.:. Majcst)''s service, which has always bt-en the 
ei^deavoui of yon.' Lordship's most bumble Servant, P. Winchester. 
Farnharn Castle, April 8^'\ 1687. 

To the Right Honourable the Earl of Sunderland, President of the 
Council, and one of his Majesty's Principal Secretaries of State, These. 

{ Johns to?i^ p. 4.) 

IS. 

168 7, Apiil 8. Letter from the Visitor to the College. 

Reuereiid Vice Prasident & Gentlern 

I have an acco of your Aflaires, & am very sorry to find 

them in such a Posture. INIy ndvice is. that you forthwith draw vp an 
Address to his >b\i--^:i* a: •': M:in sett forth the true state of your Case, 
& dispatch ii •-. i-ii : I Next I make it my Request, that vpon 

the Con-idcrati; 'H of I\J''. Ludfords applying himself to the Study of 
Phy'rick rliciv b)' to Qualyfie himself for a Lay Place in that Facidl)-. that 
you would d!r pci:ce with him from entring into Holy Orders for the space 
of three ycares, I looking vpon it as a Statutable Impediment. 

I am very much concerned the Colledge is likely to be involved in so 
great difiicullies & pray for a happy Issue who am 

Your Affectionate Friend 

P : Winchest^. 

Farnharn Castle 

April y<3 1687. 
(I^uLorsic/)- To the Vice Proesident & Fellowes of S^. I\Ltry Magdalin 
Colledge Oxon. 

(Braydrooke J/S.) 

19. 

[1687, April 9.] Petition from the College to the King. 

' To the Kings most excellent IMajesty. The humble Petition of the 
Vice-President and Fellows of St. jNIary ]\h"igdalen College in Oxon : most 
humbly shewelh, — We have been credibly informed that Mr. Anthony 
Farmer, who was not of our Foundation, has obtained your most excellent 
Majestys recommendation to be President of your Majesty's College in 
the room of I)f . Henry Clerk deceased. 

\\'e therefore with all submission, as becomes your m.ost dutiful and 
loyal subjects, most humbly represent to your Sacred IMajesty that the 
said iNIr. Farmer is a Person in several respects uncapable of that 
character^ accordmg to our Founder's Statutes ; and do most earnestly 
beseech your Majesty, as your ]\L~ijesty shall judge fittest in your most 
princely wisdom, either to leave us to the discharge of our duty and 
consciences, accordmg to your Majesty's late most gracious Toleration^ 
and our rounder';; SiaUitcs, or to recommend such a Person, who may 



* Tobascon remarks that the word was Declarati'tn not Toleration, p. 6. 



i087. 



AND KING 7 AMES II. 



be most serv'icea])le to your rvTajesty's College. And your Petitioners 
cliiiil ever i/iTi) , 'Z.: 

Th'^ I'etition v.as delivercil to the Earl of Sunderland by D". Thomas 
i'niith, and Cap ain Bagshav/. 

Tlie Petition lay four days in his Lordsliip's hands, with a promise of 
liis favour, and then returned with 'The King mwii be obeyed \' 

It was signed by 

Charles Aldwonh, V.P. Jasper Thompson, M.A. 

HenT-y Fairfax, S.T.D. Francis Bat^shaw, ]\I.A. 

Alexander i^udsev, S.T.D. Jame-: Favfer, III.A. 

Thomas Sm^th, S.T.D. jo.Mjpli Ilarwar, .AI.A. 

Thom.as iJayley, S.T.D. Thonias Ludford, M.A. 

Thomas Stafford, LL.D. Thomas Goodwin, i\I.A. 

iMainwaring Hammond, S.T.D. Robert Myde, M.A. 
Richard Stncliland, ^F.A. Edward Yerbury, M.A. 

llcniy i)ol>on, .M.A. Robert Holt, M.A, 

James Bayley, :\I.A. Stephen Wcdkes, :\[.A. 

John Da\-3 s, ALA. {Impariml Rdatioii, etc.) 

20. 

[1687, April 10.] Letter from Tho. Smith to the Vice-President. 

i\P". Vice-president, 

If my health had ])t.Ti!ii :ed. I had been at home as last night, or to 
ni'jrrov,- at fiMilie.-'- : fir jil L'.'.-> last weeke I luwc been afflictei.I u idi a sad 
i^aine in my xighl kidney, occasioned by a Stone, I feare, lodged there. 

I did not know pf any Mandate either ordered or much less drawn up, 
signed & sealed lil laie Thursday night : & meeting accidentally with 
D*. Jessop hee as^ured mee. that hee had written the post before to D^. 
Levett with an earnest request y^ hee should communicate the contents of 
his letter to you : wcb made mee forbeare writing an after-accompt of the 
ill newes ; & not knowing how die Mandate was worded, it was not any 
way sdviseable to seem to direct you in this great affaire, or to interpose 
my private opinion. But to my great joy & satisfaction IM^. Bagshaw 
found mee out about 2 houres since in my lodging, & communicated to 
mee the resolution \\"^^^ you had made, wherein you have done like men 
of great honour, honesty & conscience. Having signed the petition to y® 
King witii greater heartines then I ever signed any paper in my life, I 
judged it most proper to hasten away to Whitehall to wait upon my Lord 
Presid* to whom wee were introduced after some attendance. Wee gave 
my Lord of Wintons letter into his hands, w^"^ having read hee asked us, 
if wee were both of the College. I told him y^ wee were bodi actually 
Fellowes of > e house, & yt yo Gentleman with mee had been a Cap*, of 
one of y^ companyes raisd by y® Vniversity in y© defense of his IMa^y &c 
<^>:, withali to'd him, yt wee had a petition with us. w^'^ wee desired his 
Lordship to present to y^ K., w^^^ having read hee said, hee would repre- 
sent ye case to y© King. I further added, (for tljer is no haranguing it 

^ * There \-, f-oo-l reason to believe that th- Kiniy was T;nsc.-!;!ainted %vith the answer 
pven by Lord'SiTnierhind to the petition, and with the ColL-e ever pclitionin;,'' before 
t!:ey eh.'cte-] Hou.i^'b.' Dr. Routh's ^o^e to p. 172 of iiurnec's Histoyy of the Reign of 
James II. Ed. 1832. 

C 



.it 



i8 



MAGDALEN COLLEGE 



1687. 



before grcal rneii) wt-e humbly implore your I.ordihips fa\ our & patronage 
in thi^ cT^; "r:;/ H-c said a second time, y^ hee would represent it to his 
Ma^>', cc '!! our rartlier addressim;: our trelves to him when wee should 
wait upon Icis J.ord-hip, hee said, within 2 or 3 dayes, & boon after fixt 
upon 'J'uesa-jy. I doubt not, but hee \\\\\ acquaint y« K. v/idi our petition 
at ye Cabinett Council this e\'';riinc';, wliether hee was hastning. 1 thought 
it proper for us lo go to my Lord of Durham, who was then in ys Chappell 
at pi.'yers: auer w'-'^ wee attended him in his apartm^ c^: humbly moved 
him to r^_pr 'Sent Ci-.^e to y© K. but wee could not obtaine this favour 
from I'im li/c making se\erall difficultyes, as that ye King had never 
consulted or -so mi;ch as s['akL' one v^•ord to him about it : then at least that 
hcc would bi.e our friend v^-ith y'-' Earle of Suuderland & my Lord Chan- 
cellour : but my Lord v. a> pb ascd to refuse to Iritermeddle at all & in short 
told mee,, y^' hee wa:^ of opinion, yt yo Kings rcscjlution was unalterable. 

This is a fare but mo,~.t just accompt of w^ wee have done — Now, ]\R 
Vice-pies;' I--, gi . e nu-e leave to write my thoughts to you freely & honestly, 
yt as biili'/Tio you liavt; all act-;d bravel)' k conscicniiously as one man, so 
1 hope no fansycd troul)le wil terrify you, or affright you from the 
good resolution you have taken & I vow to Ahnighty God, — wt I advise 
you to do ] ouM do n'lyselfe, if I bore your character in the College. It 
is ccrtaine, yo:^ ought not to do anything in y^ busines, tho' the IMandate, 
I doubt not, will bee delivered to you, before this letter arrives y^e, til, you 
heare from us, wt y© K. wil please to say to our petition. God direct us 
in this gr>-at j-erplexing difliculty. I ^vill go sometime tliis evening or, . 
to morrov\-, if uicy bee not at home, to some Privy Counceliours y^^ know- 
mee, & v.i'l leav,^ nothing nnessayed to serue y^ College in this Vvcighty 
concerne. 1 he; rtil}' entreat you to give us further instructions, tho' wee 
^vill i:se all p >sMble care & diligence to discharge our duty to y® College. 
In ye meane while God preserve us, k inspire us with the spirit of true 
courage & zeale for our religion & our Founders Statutes; & if wee bee 
overpowred at last wee shall fall bravely. Math y® commendation & 
rpplause of all good men, who wish well to y^ Church of P^ng^'i in this 
<Iay of her necessity, & w^^^i is above & before all, v/ith great quiet & satis- 
faction of conscience. I am 

Your affectionate, faiihfull & humble Serv* 

Tho. Smith, 

From my lodgings between 5 & 6 Sunday evening. 
I pray give my hearty service to all the Subscribers of the Petition, 
w^li is drawn up with all exactnes. {Brayhrooke ALS.) 

21. 

1687, April 10. Continuation of D^. Smith's ITarrative. 

On Sunday, lot^i April, 1687, in the afternoon, Mr. Francis Eagshaw\ • 
one of our Fellows, came to me, by order of the Vice-President and 

^ Hearne states in his Diary, a.d. 172S, June iS : ' Mr, Warton of Magdalen College 
told me yesterday that he had often heard t'uat one M"". Francis Bagshaw, Fellow of 
?»Iagdalen Colle^re, and a very great Vv'liig, was autltor oi the account in 4'° of the 
Procetrditigs at Ma ^daien College in 16S8 : a book -which Thoma^-^ Snrith used to 
cond;-!n'r'3s raidal and full of faliilie^, and yet in one oi the Catalogues Jyihliot/itca 
Ka-iciir.:cn;,:'!j. Ir. Rawliiison bath ascribed it by a v-ry great mistake to the said 
D»-. Thomas Smith.' 



AND KING JAMES IL 



19 



Fellows, then at heme at my lodging; at Cliarinp: Cross, with a pciition to 
the King, which he iinmcdiju ly put into my hands, and of which 1 took 
a copy. 

'J'he Petititvn Lad no date, but was written and subscribed the dav 
before, INIr. Bagshaw telHng me that he and the servant, sent up with 
him, rode a good part of th.e night to reach London the next day iu good 
time. 

Upon my reading the Petiiion I told him, it seemed to me in several 
points defective, however 1 would sign it with all my heart, and im- 
mediately did so; and then telling him that understanding by him he was 
to do Jioth'.ng wit'iout 'ny advice and direction, my advice and opinion 
was, that he and I should present our Petition to the Iving that evening, 
either as he went to, or came from, the Cabinet Council, whereupon he 
produced an order Irorn the Vice-President and Fellows tliat he should 
deliver ii to r-jy Ford President, the Earl of Sunderland, with a Letter 
from the Li>hop of Winchester to him, at which I could not but express 
a hearty sorrow. 

In obedience to this order we went immediately to my Lord Sunder- 
land's lodgin':->: and, he ha\ing then newly dined, we vrere admitted, and 
ac(!uainting iiim wi;h cur bu>iness, we gave him our Petition, and the 
Visitor's Letter. I told him the gentleman with me, with a sword by his 
side, was a Fellow of the College, and that the College raising a company 
upon Monmouth's invasion, we chose him Captain of it, to whom the 
I'vUig had given a Conmii?sion, which was countersigned by his Lordship. 
1 asked him when we bhould wait upon him again for an answer; he told 
us on Tuesday morning, and so wc were dismissed. 

22. 

Queries in reference to the Admission of a President. 

ist. The King hauing sent His Letters Mandatory to y® College in 
behalfe of Viy. F : Whither we can safely proceed to Election according 
to our Statutes ; it hauing been tlie practise of the College to obey such 
Mandats as well in y^ Choice of praisidents, as fellows, & in such cases 
to omit the forme pra?scribed in the Statuics.? So D^. Fladdon, D^. 
Bond, I)!". Pierce, D^. Clerke were admitted pro^sidents in obedience to 
y^ Ks Leiiors; (5.- tis rernark't of D^. FLuldon, yt he was a Cambridge 
man, & neuer fellow either of Magd. College or New College in this 
University, (which is a necessary qualification for y® presidentship by our 
Statutes,) L^' yet made prcesident by Comand of King Edw. 6. 

2^. If we consent to ye K^ letter. Whither the Oath of Allegiance 
ought to be tendered by us; the -Act 7 Jac, cap. 6, sect. 3'-^, directing y^ 
Vice-chancellors of y® Vniuersities, &: all other Prcesidents, Heads, & 
Oouernors the'ein to take ye said Oath in ConvocaiTon, & not requiring 
them to take it elsewhere. 

3'k Whither ye Oath of Supremacy (to be taken by all persons prx^fer'd 
to any Ecclesiastical benefice, promotion, dignity, or Ofiiee, before such 
I * a- -iri!l luiie ■^v.'^'■^^\ t(> adini! am- sKch .-on to any such 

< )i]]re. etc, I Kl'z. 1 Sect. 7't uuui-t to l)e uii- u-r',-.i by -i-, ..)r h\- our Visitor 
F Bi:^hop of Win:on; ii being our part Noniiiiarc, et Eligere ; & y® 

c 2 



20 



MAGDALEN COLLEGE 



1687. 



said I>i?hops, personam electam in prrcsidentcm prL>?ficere ? Accordiiigly 
the practise is, to send pLi>.jn J:.;ccfra (tho' elecl-d In- conunds) 
to the Visitor, wiih an Insirinnrnt under" our CoiTion Scale, wliercin we 
ceitif)e y*^ manner of rdcction. iv-.iurM His Lorddii}) to admit the 
said person i-ra.s-dont ; which InMrumc i.'r ]).'zin>, Rcnerendo in Xto patri 
Episcopo V/iriion, .iiii Ciijuis alij adiiiiiunuli poicstateiii hal^enti. Or, 
whither ye said Oath is to be twice taken, first before Bishop, & 
then before yf> Society, as the Oath pra:-scrih»'d in our Statuics mu^t be ; 
his Admission not being complete till He is sworn pnbiickly in y® 
College Hall, c^: pos^es^lorJ giucn him of his oflice ? 

4*!!. If ye Oath of Supremacy be tendred by us, S-i refused, Whither 
we ought not to certify ye Refusal into ye Bench within 40 days 
after refusal, thereby to auoid ye.penaliie of looli in 3© Act 50 Eliz. 
cap. I, sect. 7.? And w'^ other penaltie we may incurre, by admitting 
a prcesident without takeing ye foresaid Oaths, & contrary to ye IMean- 
ing of y*^ said Acts ? 

Lastly, How far y^ late o])inion of y? Judges in reference to y* Test, 
& ye Ks power of dispensing with it, is applicable to our Circumstances ? 
or, whither His IMajesties late proclamaccn of Indulgence M ill disable, or 
Excuse us i"rom tendring ye foresaid Oadis ? 

(Brayhrooke MS.) 

23. 

1087, Ap; il 11. Pudsoy's Answers to tho foregoing ciueries. 

I have pervsd c^' considered y Queryes as well as the shortness of 
time widi RelaCon & Comparison to so weighty a Subject will permitt 
& as I ought not to jiresume to Direct you in matter of Discretion so I 
dare not be positive in Law with an Inconvenient Consequence. 

As to the first, if you gave your selves a Liberty of Dispensing with 
your pri\are Statutes in obedience to th'> King in other presidents I doe 
not eonceave it equall or safe to insist npcm Rigour now. 

To the 2-^. I eonceave that Allegeance is Due to the King as we are 
naturall Subjects by ye Law of Nature & tliat the King may Dispense 
with a La^v introduc't as to the formall Oath of it (for his own Advantage) 
& yt in tliis Case 'tis a Subsequent Duty to the Admissi'^^^ & to be 
administred in another place & therefore within the povrer of ye 
King's Dispensacon as vpon the Reason Adjudged of his prerogative in 
S^" Edw. Hale :' Case ^S: that the Late Declaration works vpon it & I 
think ye Subsequent L>issability of the Statute doth not atTeet your Case. 

To the 3'k I take a DitTerence between y^ Case & that of Francis in 
the Vniversity of CanibTidge, vpon the Disjunctive pt of the paragraph in 
yr Cose, & vpcn the pcnnii^LT of ye Act also, & yt this is no Degree of 
Learning & so no precc '.. nt Di>,>a! -ilily contracted (as v/as the L^^ Chief 
Justice's Opinion) & not like the Dean of Christ-church who is an Eccle- 
siasticall OHicer i5c 3linL-.tcr within the Act: The Oath (I think) can't be 
intended to he ta];"ii t- i<:'" <\(\ 

To lb..-.' -,tli. I doc n<--i iilie this to bean Ofilce or I'^egree within the =; Eli. 
cap. I (S: diat ihcrefore Certificate of Refusal! dolh not concern You. 



ies7- 



A.\D KING JAMES IT. 



21 



As to ihc Last I conceave this Case not within the Letter of 25 Car 2 
tap ^ vs, wOi.:;-^4uajt.'y rr. : -..L-' bj- .Arf.;;"^*. or Resolution thereon. 
But the late Dechrarou of Indulgeuce is Materr.iU iu Ih.e Case & a 
Caj.iii^i L(; '^'s all .0 be very tcndu" va Ri^qiiirinp; Gallic &c This 
in L:r<.ML Hast cursorily I adventure to give as my Opinion in Law I begg 
f.ardon if tliroi:gh v/aiit of time for Due Con-ideracon I have made 
any .Ajiscakes the point is of Great Consequence & I referr You to the 
C'pinion of i\b". Serg^^ Peml>erton &: T\l>. I'mch in the Case of Francis if 
You think it any v/ayes concerns Y^'^, & the Discretionary pt of it to 
Yf better Consideracon. 

Y^" humble ser\'t. 

Pudsey 

Kidlington April 11'^. 87. 

{Braybrooke HIS) 

24. 

1G87, April IL Continuation of D'". Smith's Narrativo. 

The next day ii^ii (jNlonday) meeting with my friend Sir Theodore 
i]r Y?A \, I j»re\ ailed with him to go and sup with my Lord Chancellor 
je.y.-rics that iiigb.t, and by a side-wind question, beginning as it were an 
accideuial discourse about the College, which was the common argmiient 
of discourse, not only in the Court but all the Town over, to learn of him 
what was the fate of our petition. ' ?vly Lord,' said he, ' I hear the 
Fellou-s of Magdalen College have petitioned the King about their 
election, ai'd ag.iinst Mr. Farmer, recommended to be tlieir President.' 
He replied, ' No ?u< h matter, they are too proud to petition. I was at 
thv^ Council last laglit b^'fore the King came and stayed till after he left 
it. There was no petition either mentioned or produced.' When I heard 
this from Sir Theodore de Yaux I was amazed, and began to fear that 
my Lord Sunderland had suppressed our petition. 

25. 

1687, April 11. Proceedings of the College. 

His Majesty's Letters Mandatory were delivered by the hands of M''. 
Koberi Charncck. blaster of Arts, and Fellov, of the said College, directed 
to the Vice-President and P'ellows of iMagdalen College in Oxford, 
requiring them forthwith to elect the said Mr. Farmer, and admit him 
President ; which Lecter the Vice-President read in the Chapel ot the 
said College, between the hours of four and five o'clock in the same day, 
after evening Service, and asked them 'Whether they in obedience to His 
Majesty's Letters would forthwith elect and admit Mr. Fiirmer President?' 
who all agreed, in consideration of M^. Farmer not being qualified, and 
the danger of expulsion to any of the Pillows that siiould be absent 
from the Election, and that the time of Election according to the 
Citation was so near, to defer their answer till Wednesday following ; 
wiivrcupon the Vice-President required all the Fellows to be present in 
ii-c Chapel the said Wednesday morning ai nine-o'clock. 

{Jmpartial Rdation) 



22 



MAGDALEN COLLEGE 



1637. 



26. 

16 e- 7, Ap-il 12. Continuation of Smith's TTarrative. 

On l uesday morning the 12^^^ Ivlr, I^agshaw and I went to my Lord 
Sunderland's lodgings, and having sent in our names by one of his 
servants, he told us that his Lord would have us come the next day. 

27. 

1687, April 13. Continuation of D^. Smith's Narrative. 

On VW:]n£-d;.y morning the 13*^ IMr. Bagshaw and I went to my 
Lord Sunderland's lodgings, and I)^. Jessop, his Lordship's Chaplain, 
accompanied us; and after some little stay we were called in, and my 
Lord Sundt-rland spoke to us in these words : — ' Sir, I have delivered 
the B' -hop of Winchester's Letter, and your Address, to the King: the 
King hcis .-^nt down his Letter to the College, and expects to be obeyed,' 
adding, 'he had nothing more to ^a).' 

Before I went down into the stone gallery after we had left him, I put 
down his very words in my table book whilst they were fresh in my 
memory. Coming to \\'hitt;hall I advised M^'. Bagshaw to go out of 
Town that afternoon, and carry back the answer to the College, v,hich 
he promised me to do. For my own part I could not resolve oh a 
sudden what I sliould do. So we took leave of D^'. Jessop. Lie and I 
went into .lie Park to consider v.-hat ^vaS best for me to do, whether go 
or sta)- ; for I had heard that the Fellows were resolved to proceed to 
Election on Friday the 15'^^^. I vras not bound to be present; it was 
enough that 1 w.is sumnioned in the general citation on the chapel door, 
nor was there an\' danger of [from| being absent (and several were absent 
at the election), besides at that time my distemper of gravil was heavy 
upon me, but reflecting that Bagshaw might not, for some reasons, 
go directly to the College, and that it would have been turned upon me, 
t iat not hearing of any answer from the King they wena to Election, 
I resolved to return to Oxford the next day, Thursday the 14*^, in the 
* Flying Coach,' which I effected not without diflicuUy. 

28. 

1687, April 14. Continuation of D^. Smith's Narrative. 

Upon entering home (jNIagdalen College) about nine at night, I en- 
quired for jNI^. Bagshaw, v.ho was not, I was told, then returned, or 
at least his return was concealed from me (for he did not appear till the 
next morning), the account of which surprised me, and reconciled the 
difficulty, as it proved, to my circumstances of that day's journey to me : 
I walked in the cloisters till about ten that night, resolving to speak with 
the Vice-President, and several of the Senior Fellows, v/ho were in the 
Town.- Upon their return I acquainted them widi the Earl of Sunder- 
land's answer, which one of diem desired me then noi to mention to the 
junior^. 1 fiiily f. jic iv. d by their discourse that they were resolved to 
elect the next morning, and they told me so much very pln.inly. 



1087. AND KING JAMES Jl\ . 23 

29. 

16 87 J April 15. Contiimation of D-'. Sniith's Narrative. 

On Frivla.y morning-, 15^''^ of April, the Porter catne to nie in the name 
of, and by tlie outhority of, the Vice-President, to warn me to the 
Election of a President, and to give me notice that the Sacrament would 
be administered before it. Soon after the Vice-l^resident came to my 
chamber to discourse Avith me about our great atTair, and to know what 
I would do. I told him very frankly what I thouglit ought to be done 
in our present circumstances, and that it v/as most advisable to petition 
the King a secc^nd tiiric, and that I would read a paper which I had 
prepared that morning to the same purpose ]>ublickly before all the 
Fellows. He said the advice was good, and that though as Vice- 
President he needed not to vote, till we all had voted, yet to shew his 
readinos^, he would vote in the first place for it. Soon after having put 
on my surplice and hood I went to the cha}-,el. As soon as all the 
Fellows then at home wtre come togeihcr, tliv- Vice-President in the 
entrance, just within die choir, hard by his seat, the company pro- 
miscuous!}- stanr'':ng al)out him, addressed himself to me, saying; — 
'thiJ. he had read the King's Letter to the Feliovrs v/hon I was absent at 
London, v;hcre I had been ever since the 19'^'^ of February, and that he 
would read it again for my satisfaction,' which I desired him to do, and 
it was done accordingly. Afier which he said to me, 'D^. Smidj, pray 
acqu;.int us Avith die iii-^wer that His ?^[ai-:-.-iy wa^ pleased to return to 
our iictiiion,' which I told him not long before in m}' chamber that it 
was absolutely necessary for me so to do, having been emijioyed by 
them as a 1 ody of men, v.-ith v.hich resolution he was very well satisfied. 
Vv'hereupon he told them that to prevent all mistakes I would read it out 
of a paper, which contained these very words. 

'Gendemen, I find myself obliged to acquaint you all at this solemn 
meeting, what I told the Vice-President, and several of the Fellows, last 
night, '^hat waiting with INP'. Bagshaw^ (D^. Jessop being also in our 
company) upon my Lord Sunderland, on Wednesday morning last, 
according to his Lordship's appointment, to know what answer his 
Majesty was pleased to return to the petition of the College, delivered 
by us to his Lordshir; on Sunday afternoon, April the lo^^^; He told us 
that he h..d delivered the Bishop of Winchester's Letter, and our 
Address (for so he was pleased to call it), to the King, — that the King 
had sent his Letter to the College, and that He expected to be obeyed, 
adding that his Lordship had nothing more to say. Thomas Smith. 

S^. INIary INlagdalen College, Oxon, 15*^ April, 1687.' 

30. 

16S7, April 15. Gontinuation of Jr. Smith's ISTaiTative. 

This done I desired that I might read another paper which I held in 
niy hand, and which is as follov/s word for v/ord. 

"Gentlemeii; It is my opinion (lor I will not prcrcnd to call it by any 
other name, much less by that of advice, leaving every man licre present 



24 



MAGDALEN COLLEGE 



1687. 



the liberty of his own judgmenO tint his ]\rajesty not having thoughL fit 
upoii ou. Ia:v. ..,1 . '. • ■ ^ [! . . r- " o^ '? his roynl mandate, nor, as we 
pray in the close o*^ oui pc-tili'.)M. to leave u,-. lo our own choiee according 
to die '.'.irecl'on of cur FoLir)der's Statutes; nor to recommend such an 
one as nuiy l:)e more serviceable to his jM'ajesty and to the College, we 
most humbiv petition the King again, and represent the several respects 
referred to in our petition, which render IMr. Farmer incapable of being 
elected and admitted President : this method ar.d procedure being most 
prudent and dutiful, and fit to be eniered upon immediately, the King 
having interposed his royal pleasure and authority; which if it had not 
been dorse T r'Md.ily acknowledge that we not only might but ought to 
proceed to the Election of a President in this very instant according to 
the express letter of the Statute, in every particular. But for this let 
every one concerned be his own casuist. These are my private thoughts, 
and upon mature deliberation I conclude that I should be very defective 
in my duly to the King, and in my respect to you, whatever misinterpre- 
tations T\,\^ .:i ]y some may frame of them, if I had not made you ac- 
quainted v/idi them at this meeting. 

Thomas Smith, D.D., S^. Mary iNTagdalen College, April 15, 16S7.' 

Having read my two papers I bid ^I^'. Almont, Steward of.die College, 
and public notary, then present, to take notice of what I had done. 

81. 

1687, ^pril 15. Continuation of D'". Smith's Narrative. 

The Vice-i^resident then proposed to the company whether they 
would petitio'i the King again, and defer the election; and he first and 
before all declared himself to be of that judgement, and so did the 
two next senior Fellows, D^. Fairfax \ D^. Pudsey and myself All the 
rest were for present election. Then several hot debates arose about 
the King's Fetter, and horrible rude reflexions were made upon the 
King's authority, viz. that he had nothing to do in our affair, and things 
of a far worse nature and consequence. Upon which I told one of them 
that the spirit of Ferguson"^ had got into him, but there was no pre- 
vailing upon them by reason and argument. The Vice-President pro- 
posed the question how they would manage the election, whether 
according to t'ae statute by scrudny upon oath, or viva voce, as was used 
when the late President was recommended by King Charles the Second 
to the College, and when Fellows have been received into the society by 
virtue of the King s Letters, which indeed was our constant practice 
during King Charles the Second's reign after the Restoration, and was 
done but some few months before in the case of iM^. Charnock^ and ^'I^. 
Peniston*; whereas we are as much bound by the letter of the Statute to 
choose a Fellow l»y oaths as a President. When it came to my turn to 

^ Henrv Fairfax, D.D. matr. at Exeter College 21 June, arm. fil. B.A. Exeter 7 
Feb., 16.^6. M.A. Elected Feliow 1650. B.D. :6 April, 16O6; D.I). lo March, 16S0-1. 
Installed Dean of Xorwich i Nov. 16S9. Died 10 -May, i;r;i. 

' Fe:--v'... S-o M.-x:dAv's History. 

^ KnU;ri Chain- -ok, clcctc.-) l''^ilow by Royal ^fandiie, 1OS6. 
* Charles i'enistoii, elected Fellow by Royal Mandate. 



ir587. 



AND KING JAMES IL 



5 



vote in the order of ray course, the senior ?hva3S voting first, J. told 
ih;ii. J.::] / . ■''^'^m'! -n nv-- ^^r7^T,-.r iii.'ljremenl that it became them in 
duly to i^eiiiic-n the Iv'P.g ?i..^:^ain, and iiqi to precipitate an election, for 
severed re.l^Oll.• wh'ch 1 then allcdged ; only iwo v/ere for electing viva 
voce', all liic re.-i for electing by scrutiny. This point being gained, I, 
forseeing the consequences of this hasty and undue election, desired the 
\'ice-President to give me leave to go away immediately, for that it was 
clearly my oi -inion and judgement that we lying under a restraint by his 
l\hTjesty"^ Letter (abstracting from the consideration the person recom- 
mended thereon) mignL without the guilt of the breach of the Founder's 
Statu.tes, defri- the election for some time. But tlie \'ice-President would 
not gram me leave to depart, v/hich I bid the public notary take notice 
of One of the Senior Fellows told me that 1 would be expelled if I 
refused to go to an election, and others said that I would at least run 
the hazard of expulsion if I offered to go away, whereupon I stayed, 
though I I'Crceived afterwards that Charnock, who by this time was 
a declared Pjj-i.-r. nnd d i .;iiip.-on, who at that time was one of the 
Band of i 'ensioners at W'iuichali, cpiitted the Chapel, and retired at tliac 
time. 

32. 

1687, April 15. Continuation of D^. Smith*s Narrative. 

The election of a President in this solemn manner being resolved 
upon, the l^ell '^'."s so^n after look their seats (for hitherto we stood all 
p}romiscuousl}' togeth< r or running to and fro in a tumulmous manner), 
and one of tlie Senior Fellows, supplying the place of the Dean of 
J )ivinity ^ who was absent, went up to the altar and began the Com- 
munion Scrvic^. Af:er the Sacran:ient was ended, several went into the 
outward Chapel to unrobe themselves, and myself among the rest, which 
the Vice-President observing said, ' Whoever goes out is to return 
hither upon pain of expulsion;' and I meeting in the outward Chapel 
with D^. Fairfax, he said to me in the way of friendly advice that it was 
not safe for me to go away. Afier all were returned into the inner Chapel, 
the Vice-President standing in his seat read the Statute of the Founder, 
de Elcctioi^c Prcsidcntis, and the vStatute of the Land as is required at 
elections, and administered the Oath laid dov\-n in the College Statutes to 
the Senior Fellow of ail; who being sworn, the four next Seniors, of 
which I was one, being called to be sworn, I said, ' Vi^. Vice-President,' 
you require me to take the oath and I must obey he replied that ' the 
Statute obligeth yoU; not L' The oath was taken by all but the two 
above mentioned, viio, after the Communion was over, returnetl. The 
two Senior Fellows, who were to take the scrutiny, being sworn again, 
they went up to the altar, and there received the suffrages of those who 
had been sworn secretly in writing, and after a little time, two of the 
nominated havnig the major part of tiie voices of the PVllows present, 
which is a necessary qualification appointed by the Statute, which were 
INK Hough - and rvF^. INLxynard, the thirteen Seniors, who are to elect 

^ Dr. John Rogers. 

" Johji Hough." ' 1 have hearJ that the [resent Bishop oi Worcester, D"". John Hough, 



26 



MAGDALEN COLLEGE 



1687. 



one of trie two thr.s nominated, proceeded to a second scrutiny, and 
ivl'. Hough liad ol] the votes of the eleciors but one, and his own; for 
by reason, of the absence of several of the actual Seniors, he came into 
that number; hv\ accordingly, he was declared and pronounced duly 
elected President of the College. Thus the election was finished at that 
meeting after \\q had been in the Chapel almost five hours. 

33. 

1687, April 15. Account of the Election from tho Vice- 
President's Register. 

Convocatis omnibus et singulis sociis in Coliegio prsesentibus in 
capella pr3[?dicta datum est responsum Dili Regis per Thomam Smith 
S. T. P. et dicti Colltgii socii, quod ipse ab honoratissimo Dilo Pra-si- 
dente Concihi ore tenus acccperat, viz. velle Dfium Regem mandatis 
suis ol.)ediriiti;im nra-^iari. Cum igitur dictam electionem differre per 
Sra'iuta nt.n li.;-;'*', vis'iiii'jue csset majuri longe parti sociorum uon 
posse se OiTicio suo ct conscicntiis satisfacere, m'si ad pri^scripta 
Statntorum clectio fieret : ante omnia sacra synaxi ad invocationem 
Spiriius sancii celebrata (absente jM^o. Charnock) dein singulis jura- 
mento oneratis (exceptis jM^i--^ Thompson et Charnock) juratis insuper 
duobus sociis senioribus de scrutinio fideiiter computando, aliisque om- 
nibus p',;r Statutoruni i.::igcnliam rite et solenniter factis, absque omni 
strv piui aut LHiiui u iw.Y A'A .-(TUtinium. Cumque in primo scrutinio a 
majori parte sociornm in duos consensum non fuerit, repetito demum 
scrutinio nominantur egrcgii viri, jNIr. Hough et IM^. IMaynard, et a 
seniore scrutators vere et legitime nominati ad oflicium Pra^sidentis 
pronunciantui. Dein convocatis per Vice-Pnesidentem xiii Sociis 
Senioribus in capella praedicta ad fmalem electionem unius e nominatis, 
singulisque dcbittb juratis, a majori parte electus est venerabilis vir 
Johannes Plough S. T. B. et dicti Collegii Socius, simulque in prse- 
sentia omiuum sociorum, summoque omnium pLiusu, dictus Johannes 
Plough, S. T. P., Pi.L'sidcns Collegii B. ]\L IMagdelenx; in Universitate 
Oxon: a seniore scrutatore pronunciatur ; vir generosi et prcesentis 
anim.i, quique morum simplicitate et candore, miiissimo ingenio, et vir- 
tutum m;\xime laudabilium felici temperie, spem omnibus fecerat ilium 
Coilegio suo, et toti Academice, ornamento fore singular!. Post finitam 

often talks of the affair of Magrlalen College, Oxford, at the time of the Revolution, par- 
ticularly with TLspect to King James's Mandamus for a President. He (Hough) was 
then Chaplain to thi; Chancellor of Oxford, the Duke of Ormond. He and others, 
even all excepting three, were resolved to oppose the Mandamus, and they pitched upon 
D''. Baptiste Levinz, Bishop of Man, for I'resident, who accepted of their offer, and 
said he would stand, and, if elected, would zeahiusly maintain the Statutes in op- 
position to the Mandamus. But Hough says, a little after came a letter from a very- 
near relative, a brodier of I.evinz, persuadin^i^ him by all that was sacred to desist, 
which accordingly he did. which being looked upon as very dishonourable, they were 
put to their shifts, but at last resolved to elect Hough, v.ho told them he would not 
only accept of it. though at so ticklish a time, but would strenuously act against the 
Mandamus, and it\\as then rtsfdvcd to choose M-^. Edwar;! Niaynard with him, for 
there ir.\\< he two, wliich being .tf'cc led accordingly. H'.ugh -.v!?.-, brought in President 
to the great <iis--.|)poiiitment oi all who were ior t];e M^'iiiiiariius/ Hcanic, ^^Di:iry 
IS Jan. 1734-5.) 



:!G87. 



AND KING JAMES II. 



2/ 



electionem I\R Edvardus IMaynnrcl uniis e treclecim SenioriLnis Sociis, 
,x\> :p;-;I:.. i:-.'.' ■ • r ----.li '^'^iniivuu^ est, qnce IVaesidentem sicut 
prcefeitur clcc'iini Dno ];'".piscopo \\ inton : prxsenlaret, dictimique 
Co'Iogii m,, ;'f;>onai I in Prcesidcntem clectum, ct omncs alias personas 
dicti Collegii cidem decenter et hoiiorifice commendarct.' 

34. 

1087, April 15. Continuation of Smith's ISTarrative. 

It uas ordered at the meeting just after the Election was over that AT'*. 
jMayivard sh' nld aeco.npany the President elect to Farnham (about 
36 miles froni Oxford), according to the direction of the Statute, to be 
presented, admitted and sworn by the Bishop of Winchester our Visitor, 
An instrument about the election was drawn up in the afternoon and 
sealed with the College Seal : and in the evening they began their 
journey to Faniham. 

35. 

1687, April 15. An account of the Election from 'an Impartial 
Relation of the Proceedings.' 2'1 ed. 

At eight o'clock in the morning the Vice-President and Fellows being met, 
Di*. Thomas Smith and Captain Bagshaw, two of the Fellows, acquainted 
the re'st from my Lord P^e^ident of the Council, that in ansvver to their 
PcLition, his 3.1aiL -t}', lia\ ing ^cni his Letter to the College, expected to 
be obeyed. After which the Vice-President read again the King's Letter 
to them, aiv! asked v hjiher in obedience thereunto they would elect and 
admit Ak. F irmer IVc-rident. They answered, that they desired they might 
proceed to an Lkction. Then the Vice-President having proposed 
whether having received his IMajesty's pleasure in answer to their peti- 
tion, they would make any further address, the Vice-President, D"^. 
Fairfax, D". Pud-ey. an<1 D^. Thomas Smith were for a second address, 
but all the rest declared immediately for proceeding to the Election. 
Then the Vice-President proposed, whether they vrould go to an Election 
vh'd voce or by scrutiny .? The Vice-President, Mr. Thompson, and INI^. 
Chernock, v/ere for proceeding to an Election viva voce, all the rest 
v.ere for going tc^ an Election by scrutiny, except D^. Thomas Smith, 
who was not for going to Election until the King should again be 
petitioned. 

This therefore being their sense, that they ought to proceed to the 
Election of a Presitient, according to the Statutes, and this the last day 
limited for Election, in order thereunto the Holy Sacrament was solemnly 
taken by all, except AI". Chernock, then the Statute de Electione Prie- 
sidentis, and 5 Elizabetli against corrupt elections, was read l>y the 
Vice-President. Every one took the oath prescribed in the Statutes to 
be taken, in order to the nomination of a President (except Mr. Thomp- 
son and Mr. Chernock who refused it) and the two Senior Fellows were 
s",-orn scrutators in the scrutiny of the v.-hole Society. For the nomina- 
tion of a President Isl^. Hough and ^Maynard had each of them the 
major part of all the voices, and were accordingh' paonounccd Ijy the 



28 



MAGDALEN COLLEGE 



1CS7. 



Senior Scrutator, Nominati in Ordiiie ad Electionem Presidentis ; then 
the lliirioeu Sciiioi Fellov.'s being met to elect one of these two President, 
and every one of them sworn according to the Statute, eleven of them 
elected W. Hough, who \\-a.s according!}- pronounced President of St. 
Tylary Magdalen College in Oxford by the Senior Scrutator, in the pre- 
sence of all the Fellows; and -M^, ^biynard was appointed by the thirteen 
Senior J'^ellows to present the said President elect to the Visitor in order 
to his adnjission : after this ls\y. Thompson and IM^*. Chernock declared 
viva voce for I\P. Farmer according to his Majesty's Letter. 

36. 

1SG7, April 15-17. * Our proceedings in Election of a Presi- 
dent ' [recounted by the Vice-President, D^. Aldworth]. 

The deadi of Ij^". Gierke late president of this College signifyd to me 

his V by an Kxpres::, out of Fanc?>hire {^\^. S mderson) ?.Iarch 

29 about 2 of yG . . . . afternoon being tnesday. Within two days af"ter 
Notice, uiz. thursday I\Iarch 31 .... Even: prayer I comunicated y® 
same to all the fellows then present called together in y© chap : for y^ 
purpose. At same time we unanimiously appointed y^ day of Flection 
to be Apr: \^ 13^1^ following in ye Chappell to begin 9 a clock in \^ 
INIorning & as soon as we came out of y^ Chap: y^ same day I imediately 
fixt up a Citafi at } - Chap : dooi e signifying y*^ vacancy, day of Flection, 
L citing all to appear thereat. It being comonly reported yt King 
intended to recomcnd IM^. Farmor for })ra?sident, before y® recei|)t of His 
i\Iaje.-ties leti. rs bv aduice of our Visitor (as appears by his Lordships 
letter to U'^) e d.-ev; a petition to Flis Majesty & sent it up Apr : ix 
instant by M"". Bagshaw, appointing D^. Vounger, Th. Smith, & Jessop to 
attend it, together with my Lord of Winton's letter to my Lord pra^sident 
Sunderland requcF ung Flis Lordship to lay our Case before the King. 
Monda)- ^Morning Apr: 11*^1. about 8 a clock, M^. Charnock came to my 
Chamber, & delivered to me y^ kings letter in behalfe of M^". Farmer, 
telling me he had brought me an unwellcome letter ; I told him the K^ 
letter mmst be received with duty & respect, & was so by me; I promisd 
to comanica'e it with all convenient speed. The same day at dinner in 
ye Hall I warn'd a IMeeting of all y*^ fellov.s in the Chappell after 4 a 
clock prayers to the Reading of His Majestic' letter, (the chappell being 
ye only proper place for Meetings in this election,) & gave y® porter 
Orders to give Notice to all others not there at dinner as he should 
meet them. After 4 a clock pr: in y^ Chappell accordingly ye same day 
I read the K^ letter to all the fellows, & the qua?stion being put whither 
they would irnediately proceed to election of M''. F: in obed : to His 
?.Iajesties letter? 'twas unanimously agreed to deterre their answer till 
Wednesday ]Morn: according to y^ time fixt in ye Citacon, by reason yt 
M^'. Farm : ye per-on to be elected & admitted by ye K^ letter was y* 
morn : gone to London, and y^ y® time of election in ye Citacon was so 
n.ear. & ye danger of expulsion to euerv fellow pre;-cnc in ye Vniversity y^- 
should absent from y- election ; All deolarmg ai \e same time, y* they 
did and hereby refuse to obey ye k-^ letter, but only for ye present respic 



iti87. AND KING JAMES II, 29 

y*" answer for reasons aforesaid. Then I required y© publ : not : to 
make an Act of \Vt was tb.en done, & reqnired euer)' one on paui of expul- 
i>ion to aiteiid y'- nieetin:'- oi Wednesday morn : 9 a dock, S<,p\<i a positive 
ans\v'er to kings letter. Wcdn : morn q a clock— Ail y© fellows being 
met, (upon sumons night before in ye hall at Supper,) I told 'em y« 

IMeeting in order to Election of a president. After which 

1 read the .... Elect, prssidentis, & ye Stamte Eliz : ag^t corrupt 
Elections was read also. Before .... any further, I read y© letter in 
behalfe of INI^. Fai mLr, a 2'k time telling my .... freel}' ; i*^^', yt hauing 
obeyd y^^ Kings letters formerly as well in el : of prx^s : as fellows \_last five 
i^ords intcrh'}! aicd\ we ought to give good .... if we don't obey them 
now; 2kv, yt if there v/ere any thing extraordinary in iM'" Cir- 
cumstances to make him uncapable of yt Oftice we had taken a very 
good way viz. in representing y«^ same to his I\Iaj : by our petition, & yt 
I thought in decency we ought not proceed in y^ Election till we had 
received his iMaiesties jdeasure in answer to our petition ; which was y® 
general opinion of ali pre,-' nt (ex' ept ?>!'■. Charnock.) who all agreed 
(except ye said Ab". Char.) to defer c^' adjourn y© Election till the next 
morn : i'hnrsdiiy 9 a Clock in \^ same place, which was accordingly 
done. Tliursd : 9 a Clock mor : y<^ Company being met in \^ Chap: I 
told 'em }-6 Election had been defered hitherto on account of our petition 
to His I\Iaj : in answer to which we had not yet received his ^Majesties 
plesure, yt the next day viz: Ap : 15^51 was y^ utmost time we conld 
defci're election bv ■ Statute-;, ^ therefore necessar}" the}' .-liOiiId nov/ 
come to some resolijuon ; I told 'em The King comauiL-d us to elect 
r^I^. Farmer Prcesiderit. & demanded ye sense of y« Connpany ; ^ hich was 
unanimous (except Charnock.) uiz. } t ye election be deferrd till the 
next Morning 8 a Clock in y^' same place, & in order diereto y© sacrament 
to be first administred, accordingly was adjourned. Apr: 1.5^^1, the 
Company being met in y® Chapp : D"". Th : Smith & M^. Bagshaw 
acquainted us from my Ld Praesident Sunderland in answ : to our petition, 
yt IBs Majesty hauing sent his letter to College expected to be obeyed. 
After which, I read ye K^ letter once more to thein, & askt whither in 
obedience thereto they would admit M^. Farmer praesident ? The company 
declined to proceed to election, as more consistent with y® Kings letter & 
y'^ Founders Statutes. Next I askt whither having receivd his jMajesties 
plesure in answer to our petition, they were for a 2'» Addresse } for which 
I declared, as did also Fairfax, 'D^. Pudsey, D^". Th : Smith; y*- rest 
declared for goeing to election, y® King having comanded them to elect, 
then I askt, whither they would goe to election uiua uoce, as has been 
practisd on receit of ye k's letters ; this I agreed to, so did I\B. Thompson, 
& I\rr. Charnock ; ye rest all for election by Statutable scrutiny, only 
Dr. Th : Smith ag'^t any way of election, but for a 2*^^ address. W h«a-e- 
i:pon I told 'em, > t th.e King having comanded us to elect as v.-ell as admit 
without determining ye way of election & ye ^Majority noting for election 
according to y^ direction of ye Statutes, and this being y« utmost day 
allotted us for election, I was obliged to comply with them. Then y® 
S u rament being solemnly administred to all (exce}!t i\B. Charnock who 
absented himsclfe,) k y© Statute of y® founder read, as also y® Act 5^ 
Eliz to prevent corru{)tions by me. & ye Oath admin all having 



MAGDALEN COLLEGE 



1G87. 



power to nominate, (exce})t Thompson c^: IM^. Cli^rnock, v/lio refused 

it,) as likewise of Scrutators to D'". Fair^nx & Dr. Pudsoy yrs 

Sen : fellows, it appeard in Scrut M^. Ilou^-ii & Maynard 

•had }® Major part of al) ye uoices, & were . . . .-ly pronounced by D^. 
Fairfax Sen : Scrutator Nominati in ordine ad election . . . pra^sidentis. 
then yt' 13 Son: fell'vw?; beinc^ there imediattly called together by me to 
elect one of those 2 praisitiont, & euery man sworn accord : to y® Statute : 
yt' Major part elected W. J. Hough, ^vho was accordingly pronounced 
by Fairfax Sen: Scrulnior pnusident in prnesentia omnium Sociorum. 
At y*^ same time ]M^'. iNhrynard was made clioice of by 13 Sen^ to present 
ye ];r32sident Elect to y*^ Visitor in order to his admission, & an Instru- 
ment y^ same day sealed in y^ Com : Hall signifying to His L'^^i'. y® 
\vtiole proteose of Flection. x\pr. 17^^. in y^ morning the prcesident 
elect relumed to y^ Coll. vith an Instrument from y© Visitor signifying 
to us his acceptacon, approbacon, and confirmacon of ye election, & 
}t lic hnd Lidiiiitied <S: sv.orn y^ said M^". Hough into y*^ prajsidentship. 
Idle s.ii! ^ d ly being Sunday bctw : y^' hours of 3 and 4. afternoon, 
the fvHo\vs being met in y-' chappeli, the prcesident came to y^\ &: M'as 
by them (hauin<r seen before in ye miorning ye Visitors Instrument in 
confmna'^on of \ election etc) conducted to his stall, where he first tooke 

oath pra^ocribd in ye Statutes before y^" all, (Mi'. Maynard J^d^. Bay- 
ley and Fuller (.') attesting y* y^y were present when he tooke y® same 
oath l)efore y^" Visitor,) next he uoluntarily of his own accord tooke y® 
Didis ufAll J, : ^: Supremacy, ye Vice pra^sident declaring before ye publ: 
No',li \" ^* in ol ' dii.rice to his ]\[ajesties late gracious declaracon he would 
not require ihen^. of him. Then ye keys of y® tower being dehvered to 
him by v- Vicepr : & yt of ye Seal by Di", Fairfax Sen. fellow, we attended 
Ijim to his lodgings, and there left him. A 4 a clock pra}'ers he tooke 
his seat in ye Cliapifell. 

****** 

That ye Admission is completed by ye Bp. of Winton, appears by ye 
pr:2sidents Oath. Fgo A. B. in pr.esidem Co^k B. M. IMagd. Nominatus, 
idectus, et Prxfectus, Juro Etc. 

{Ejidurscd) Mv own diary of ye Election. 

{Brayhrooke MS) 

87. 

1687, April 16. Election of D^. Hough confirmed by the 

Visitor. 

On their arrival at Farnham Castle at eleven o'clock, INR Maynard 
introduced the President elect in these words: — 
lilustrissime Pra:sul, 

Quum- nuper ad nos allatus Nuncius de meritissimi nostri Prarsidis 
excessu animos nostros perculisset, non seen.s ac olim veteres soliti sunt 
in rebus arduis ad Delphieas Arces confugere, nos grati memiores ubi 
solemus certiora Oracula depromere, ad has ^Eiles siatim nos con- 
tulimus. Jam vero ffceliees quod \\\ hunc tarn exiniima Virum, omni- 
bus, tuni cruditioiiis turn ad Rerum administrationem Naturce doLibus 



1087, AND KING JAMES I L 31 

instructissimum, tPtDquain uno ore corisensimus, itenim hue revertimur, 
ffiulicissimi iiituri, si Reverenlice vesif.e placiierit, huinii'imorum tiiorum 
Cl'^■^tum Votis Coronam addere, et ffrjlicitatem nostram Ratani facere. 

li) Ne,j:(Oi!0 tanti Poacieris serio Rem egimus, et imploralo prius 
Kumine, liberavinius animas nostras. Quod saperest, bonorum operuin 
iTaiitor Deiis Saperne, Tuque in terris seternum nobis colende Pairone, 
nostra regas Consilia, et non est quia adbuc speremus prosperum exitum. 

The Visitor's answer was — 

Gratulor vobis Pra^sidentem vestrum, et statim post Preces electionem 
vestrain Ratam faciam. 

{So far fi um the original MS. pasted in D^. Bloxani s volume.) 

After prayers IM''. ]\ra«ynard produced the following Certificate of the 
Election : — 

Reverendo in Christo Patri ac Domino Petro, permissione Divina 
Winton : Episcopo Co!3 : P>eatX' ^lagdalenas m Universitate Oxon : 
Patrono. aut cuivis alii adniittcn<.li 1^ )l.--.-!au;ni habenU, Carolus Aldworth 
LL.D. Coll eg ii pr:v..!ic;i ViC'/- Px-; 1;' lunninju-que ejusdeni Ccetus, 
Salulcm in Domino. Collegio tiio prosdicto, per mortem naturalern 
vcnerabilis viri Henrici Gierke M.D. nuper Pra:sidentis ibidem, jam 
Pi.esidente destiiu o, Nos Carolus Aldworth, Vice-Pra^sidens ante-dictus 
et socii omnes et singuli Collegii pr^edicti in Universitate prcesentes, in 
capelia ejusdem Collegii capitulariter et collegialicer tricesim.o primo die 
]\Iartii, anno Domini 1687 congregati, deliberatione inter nos habita 
di'igc'iti, decimum Ccriium diem instantis mensis Aprilis cum rontinua-- 
tione et prorogati( ^ne dicrum scquentiurn ad nominationem et electionem 
futuri PrDesidcntis in capelia dicti Collegii per nos celebrandam unanim- 
it'.T et <: oncordite]- detmivimus et decrevimus : ipsumque diem prxH.lictD3 
nominationi ct elcctioni defmitum. ut jirxfertur decretum fuisse, ut lateret 
neminem in prasdicta nominatione et electione interesse habentem, literis 
Collegii capelia^ valvis eodem die horam circiter quintam post-meridianam 
affixis, Carolus Aldworth Vice-prxses antedictus publice declaravit; onines 
prsetere • socios tunc temporis absentes citandos atque monendos, ut ipsi 
una nobiscum die hujusmodi prxlixa horam nonam ante-meridianam, 
aut eo circiter, praedictse nominationi et electioni faciendae personaliler 
interessent. 

Cum que Carolus i\ld worth, Vice-Prceses antedictus per duodecim dies 
a tempore prxmonitionis et citationis antedictx socios prasdicti Collegii 
absentes expectasset, die crastino viz. decimo tertio die instantis Aprilis 
celebrandse futuri Prcesidentis nomanationi et electioni assignato atque 
prtefixQ ad Capellam dicti Collegii omnes et singulos socios tunc in Lni- 
versitate prxsentes convocavit in ordine ad electionem futuri Prxsidentis, 
et lectis per dictum Vice-Proesident statutis Collegii nominationem et 
electionem Prassidentis concernentibus, necnon Slatuto Parliameniario 
tempore I>!izabetha^ Anglioe Reginx edito, lectis etiam eodem tempore 
Literis a Regia Majestate acceptis in favorem Antonii Farmer x\rtium 
r^Iagistri et dicti Collegii Commensalis, Carolus /\ld worth, \'ice-pr:eses 
antedictus cum consensu majoris partis Sociorum dicti Collegii tunc et 
ibidem prx^>entium di; luni ne-mirationem et cleclionem futuri Prx-sidentis 
m horam nonain maiui:n?m daei scuuentis pr.>rogvivii. die crastino bora 
locoque assignatis convenientibus et congregatis oamibu.s et singulis 



MAGDALEN COLLEGE 



1637. 



sociis dicti Collegii tunc in Univcrsitate in orcline ad noininationem et 
tlccLioueiii futuii Prcebidcntis tenendam prorogatione dictce nominationis 
et electionis prias focta Caroliis Aldwonh, Mce-Pra^ses antedictus, cum 
consensu rnajcri.s partis Sociorum dicti Coilcirii tunc et ibidem praesentium 
dictam nominationem et electionem futuri Prx-sidentis in horam octavam 
matutinam diei sequentis prorogavitet Sacram.entum Eucharisticum eodem 
tempore in Capella dicti Collegii celebrandum statuit et ordinavit. Die 
crastino bora octava matutina convenientibus et congregatis in Ca|:)ella 
dicti Collegii omnibus et singulis sociis ejusdem in ordine ad nomina- 
tionem et electionem futuri Pra.^sidentis secundum Prorogationem dictaj 
iiomirationis et electionis hesterno die factam, et ceiebraio in dicta Capella 
Sacramento Eucharistico, lectisque Statutis per. Reverendum in Christo 
Patrem Dominum Gulielmum ^V'ayn^lete, Episcopura quondam Winton : 
et dicti Collegii Fundatorem, in ea parte editis, dictam nominationem et 
electionem Pra;sidentis concernentibus, Carolus Aldworth, Vice-Prasses 
antedictus cum sociis omnibus dicti Collegii tunc el ibidem priesentibus ad 
nom-inationem et electionem lYuuri Pr-e-iib-ntis processit, absentia quo- 
rumdem sociorum non obstante, prout inferius continctur, viz. iecto 
iterum Siatuto Parliamentario, tempore Eiizabethce Angliae Reginse edito, 
necnon Literis a Regia ]Majestate accc-ptis in favorem dicti Magistri 
Farmer, Carolus Aldworth, Vice-Prxsid-.-ns antedictus, omnesque Socii 
tunc in Univcrsitate prassentes, exccj^tis Magistro Tomp^on et IMagistro 
Charnock, dicti Collegii Sociis, ipso Vice-Prajsidente creteros omnes one- 
rante atque per Dociorem Pudsey oneraio, inspectisque per eos et eoruni 
quemiibet et tactis Sacrosanctis Dei Ewmgeliis publicc tunc et ibidem 
jure jurando asseruerunt se omni celeritate nominaturos duos ex prxdicti 
Collegii aut sakem Collegii Beatx Marice Virginis Winioniensis in Uni- 
vcrsitate Oxon : tunc sociis, aut c^ui olim illorum aut eorum alterius socii 
fuerunt, et honestis ex cau-^is recessCre, in Tlieologia, Jure Canonico 
Civili, aut IMedicina^ Doctores, vel artium IMagistros, quos suas judicio 
conscientise idoneos ad exercendnm Prx^sidentis olTicium speraverint aut 
firmiter crediderint ad bonum et saluljre regimen et diligentem curam 
personarum, statutoruni, et bonorum cji;sdem Collegii, terrarum. poses- 
sionum, et reddituum spiritualium et temporalium, ac jurium ejusdem 
conservationem plus proficere et debere postpositis omnimodis amore, 
favore, odio, timore, invidia, partialitate, affectione, consanguinitatis 
afilnitate et sciential, necnon acceptarum personarum et patriae, ac occa- 
sione precis aut pretii quacunque. Juraverunt insuper Plenricus Fairfax 
et Alexander Pudsey, Sacr^e Idieologi.'.e I)oclores, supradicti tui Collegii 
Socii, omnibus aliis seniores, idque propterea in hac norninatione, et 
sequenti electione, juxta praxdicti statiui exigentiam Scrutatores. se 
diligenter cujuslibet prxdictorum sociorum vota fidcliter examinaturos. 
Quibus omnibus et singulis ut pnefertur peractis prsefacti duo Scrutatores 
seorsim se receperunt, omnesque socii tunc prcesentes dicto juramento 
oneraii sigillatim ad f,*os accepere, sua suffragia coram iis secrete et 
sigillatim emissuri. Quibus omnibus diligenter examinatis et suffragia 
sua manibus propriis conscribcntibus, Domini Scrutatr.res numtcros varie 
norninamium sup])Utantes veuc-rabiles vtos MnuM-trurn "johannera Plougb 
et ^Nlagistruru i>} v:\rdujn Mayiiard, dicti (.'ollegii MagiKdcPciisis Socios, 
majoffui partem sulfragiorum omnium Sociorum pr-cdictorum habere 



A. YD KING JAMES II. 



comparucrunl, lit alter corum per tredccim Seniores in dicti tui Collegii 
I'lX:; ifloiitein quam priinum cligiretur, pia)dicLusquc Henricus Fairfax, cui 
maxin.X' senior itatis jure hoc [iromulgandi incumbit officiutn reliquis suis 
c;on?r;riis i^ni'- ersis convocatis in comniuiii scrutinium publicavit. Qua 
publicatione facta tresdecim prccdictoriim socioriim seniores. viz. 
Carolus Aldworth, Vice-Prceses. I'liomas Stafford, 
Ilenricus Fairfax, Robertas Almond, 

Alexander Pudbey, Maimvarin.o^ Hammond, 

Johannt'S Smith, Johannes Hough, 

Tliomas Sm.itli, Ricardus Strickland, 

Thomas Rayley, Kdvardus Maynard, 

Et Henricus L)obson, jubente Vice-Praisidente convenerunt nnum ex 
lis in dicti Collegii tui Praesidentem elecluri, qui in Przefato Scrutinio 
majoris partis omnium Sociorum consensu fuerimt nominati, qui omnes et 
singuli inspectis per eos et eorum quemlibet et tactis sacrossanctis Dei 
Evangtliis jure jurando-a>-v ruerunt se postpositis omnimodo amore, favore, 
odio, timorc, accepti(^'U' t'cf'.oiiaruni et patrix-, ac partialitatc facultatis et 
scientiaD, et occasionc quacunque precis aut precii, cum omni celoritate 
unum de predictis viris nominatis indicti tui Collegii Pr^^sidentem electuros 
queni in i],sorun?. conscientiis magis idoneum. suOicientiorem, utiliorem., 
discretiorem, et aptiorem, reddidcrunt ad prxdictum Preesidentis officium 
exercendum, Vice-Pr.-esidente pra^dicto hoc juramentum a ceteris duo- 
decim et eorum quolibet exigente, et coram Thoma Bayley, socio seniore 
idem juramentum pra^slante; Quo facto undecim eorum seniores socii 
prx'dictis scruLitoribi:-, ipr^is vcro scrutatoribus coram duobus proximis 
senioribus sibi vota sua pure, simpliciter, et secrete propriis manibus scri- 
ben^ibus major pars diciorum Sociorum Seniorum, viz. eorum undecim 
egrt'giuiu viruiu Johaimem Hough, Sacrx Theologix Baccalaurcum, 
virum pium, doctum, et pacificum indicti tui Collegii Prcesidentem 
eligerunt, ipsumque sic eleclum fuisse, prxdatus Henricus Fairfax omaiibus 
aliis sociis senior in communi publicavit, ac pro electo tui Collegii Proe- 
sidente publice declaravit eum prxdictorum sociorum consensu et ap- 
plausu. Quamobrem vesLrx iJommationi prxfatum egregium virum 
Johannem Plough ad vestri Collegii Prxsidentiam, Prxsidentisquc officium, 
majori parte sociorum ejusdem Collegii, uti prxmittitur, nominaiionem et 
elcctionem unanimi consensu omnium sociorum tenere Prsesidentiam 
prKsentamus, atque pra^fatum Edvardum i^.Iaynard, Artiurn I\Iagistrum, 
ad banc nostram prcesentationem exequendam, et ejusdem egregii viri 
indicto officio institudonem atque prDefectionem petendum cum omnibus 
iis exercentibus, dependentibus, et annexis, uno eorundem Sociorum ore 
electum nostrum, verum, legitimum atque indubitatum Procuratorem atque 
nuntium specialem constituimus per praisentes, humiiiter supplicautcs 
quatenus eundem Johannem Hough indicti tui Collegii Prcesidentcm extra 
judicialiter prajlicere digneris, cxteraque peragere. qua? juxta ejusdem 
dicti Collegii Siatutorum exigentiam vestro incumbunt officio Pastorali. 
Pdectionis quoque nostrx formam plenariam hac membrana conscriptam 
dicto Edvardo IMaynard ad vestram Reverendissimam Patcrnitatem 
d f 1 i m u s p r x fe re n d a m . S i g i 1 1 o n o ? ; ro c o m m u n i a cl o rn n i u m e t s : n g u i o ru m 
iid>;]n el testimonium con-i'^nalam aique cos rf i'juratam. 

JJatum in Connnuni Aula dicti tui Collegii Rcatx M ari jc I\Iagdalenx in 



34 



MAGDALEN COLLEGE 



1687. 



Universitate Oxon : decimo quinto die instantis Aprili-; Anno Domini 
liiiiicbiiiiO stxccaU o.-.iino ocLogesiuio septimo, annoqne Regni serenissimi 
Domini nostri l/rincipis Jacobi Secundi, Dei Gr;ii.ia Anglix, Scoiise^, 
Fn;nci:^, ei lliLernice Regis, Fidei DcTensoris etc. terlio, 

ij^edgcr S. 355.) 

88. 

1687, April 16. Continuation of Jy^. Smitii'ti l^arrative. 

On the arrival of the President elect and IM^'. IMaynard at Farnham 
Castle, ' they met with quick despatch the Visitor telling them, as Mf. 
jMaynard npon his return told me, that he admired their courage ; and 
an Instrument of the President's being admitted and sworn before him, 
the next day (the 16^^^) being drawn up \sic\ with all possible haste, to 
prevent any inhibition that might come from the King, which was both 
expected and feared, they returned to the College.' 

89. 

1GS7, April 16. An aceoiLnt of the admission at Farnham. 

Prce^idens tlectus ad castrum de Farnham in agro Surriensi Dilo 
Episcopo Winton. proesentatus est, una cum Uteris communi sigillo 
dicti Collegii sigillatis, et electionis pra^dictce formam. Statuti de elec- 
tione Prajsidentis et juramenti ab ipso pr^estandi tenores plenarie 
coritine'::il us ; eodemque die dicuus Dfius Episcopus dictum Joannem 
l i.ougi', absque morx dispendio, et sine processu judiciario, et absque 
impugnatione electionis sen nominntionis pra?dictai, ut Statuta exigunt, 
in Prcesidentem extrajudicialiter prx-fecit : Prxsidens vero sic praifectus 
coram Dno pr.eficiente proDscriptum sibi }>raj-titit juramentum. 

( Vice-presidiut' s Register.) 

40. 

Tho same. 

Mr. Hough, President elect, was presented to the Visitor by T^I^. 
IMaynard, who at the same time delivered to his Lordship an Instrument 
under the College Seal, containing the Proceedings of the Election, 
after a sight v.hereof Pvlr. Hough was sworn and admitted President by 
his Lordship according to the Statutes. {Inipariial Relaiicm^ 

41. 

1887, April 16. Lord Sunderland's Letter to the Visitor. 

The news of the Election of course speedily reached the Court, and on- 
this same day Lord Sunderland dispaLched the following Letter to the 
Visitor: — 

Vv'hitehall, April 16, 16S7. My Lord, I have received your Lord- 
ship's Letter of the 8''^ instant, with an Address or Petition inclosed in 
it from S^ Mary Miigd iien ColK-ge in Oxford, wlu'ch I laid before the 
King, who had hefjp- granted his niandai'^ in h^half of-^R Farmer to 
be elec*<:d and avlmiiteJ Pn sidcnt of that Coil.-ge ; and being since 
informed that, no.withsianding the same, tiicy liave made choice of 



1087. AND KING JAMES II. 35 

Mr. Hou':ch, ITis iNLijesty commands me lo acquaint your Lordship, that 
His pica ^ure is you siiould not admit Hough lo be President till 
further Ordei from him. {Johnswti.) 

42. 

1687, April 17. The Bishop of Winchester's Letter to Lord 

Sunderland. 

iNIy Honourable Lord, this m.orning I received yours of the sixteenth 
(by the hands of iM^". Smith, one of His iNIajesty's messengers), in which 
your Lordship signifies to me His ^Majesty's pleasure not to admit M^. 
Hough lo be President of St. Mary iMagdalen College, Oxon: until 
further order from him. 

But iM'". Hough being yesterday m.orning presented to me by some of 
the Fellows of the College, as statutably elected, I did, according to the 
Trust reposed in me by the Founder, after he had taken the oath 
enjoined by the Staiu'c, adn^iit liiiri 1 'resident ; and am certain wl.en the 
Statutes of ihe College are i.iid Lvjiore h;s Majesi}-, he will jind that 
I have not violated my duty, in pei formance of which I never was, nor 
e\'er shall be, remiss, as I desire you to assure him from your most 
humble Servant, P. Winchester. Farnham Castle, April 17^^^ 1687. 

[It may be assumed that wearied by the journey of the preceding 
night and in some degree by the excitement of the situation, after his 
r.dmission, the PrL-ident and ?\1'^. ?^!aynard remained that day in con- 
sultation with the Visitor, and slept that night at Farnliam, and on il.ie 
following morning, Sunday, April 17, returned to Oxford.] 

43. 

1687, April 17. Extract from the Vice-President's Register. 

Rediit ad Collegium Prsesidens proedictus eodemque die in capella 
dicti Collegii, lecto prius Instrumeiito de approbatione et confirmationc 
electionis praidicta; et repetito per ipsum PrLiesidentem in prxsentia 
omnium sociorum juramento, solenni more installatus est : et demum 
universo IMagdalenensium ccetu comitanie in Hospidum Dni Pra^sideniis 
indiictus est. 

44. 

The same day, 

IMr. Hough at his return to the College took the same oath again 
before the Society, and afterwards as President took his seat in the 
Chapel at 4 o'clock prayers in the afternoon. 

{Ivipartial RdLiiion.) 

45. 

1687, April 17-19. Continuation of D^". Smith's Narrative. 

The President and r\Ir. Maynaid returned to tlie College on Suiulay 
m<.)rning the i 7^'^ of April, In the a fie rn 0011 the President was again 
s'^vorn and. installed in the Cnapel, and soon after look possession of the 
L(Algings. 

D 2 



MAGDALEN COLLEGE 



1687. 



It was thought necessary, in order to maintain this election and to 
Iceep oH" the King's displeasure, to send an Address to die Duke of 
Orniond, whos< chaplain IM^ Hougli had the honour to be, that he would 
use his interest with the King, and intercede for the College. A Letter 
was accordingly drawn up, dated April 19th, 1687, and sent to him in 
the country, of wliich Address I was wholly ignorant, much less did I sub- 
sci'ibe to it, thougi) it appears by the very letter which the Duke of Orrnond 
sent up to Court, that they (the FeUows) very knavislily and basely 
foisted my name inio the subscription of the Fellows, which fourbery 
1 did not di. cover till I read the letter with the subscriptions, printed 
by Dr. John^^iOn in his Vindication of ihe Lvings VisiUitorial Pcwe.r 
about a year after, which was matter of amusement to me. Besides that 
they all knew, if I had been spoken to, I should never have consented, 
several things ce^ntained in it being contrary to my express declaration 
and judgement. I did not vote for Hough at all, either in the first 
nomination or aftci- scnuiny, but iieing upon (nith, first named two otliers, 
whom I believed and knew to be better qualitied. Ot^ the two named 
who had the majority of all die Fellows present, one of which was neces- 
sarily t\) be ch^,^en, I was for the other, strictly herein following the 
dictates of my judgement and conscience, according to the oath I had 
then newly taken, as a Senior Fellow, and a new Elector. 

46. 

1G87, April 18^^^ (Cobbett) or 19^5^ (Johnston). Letter to the 
Duke of Ormond. 

May it please your Grace. We the President and Fellows of IMagdalen 
College in Oxon, sensible of the benefits and honour we enjoy under 
your Grace's Patronage, and how much it imports us to have your advice 
in all the difficulties wherewith we are pressed; having, as we fear, dis- 
pleased his IMajesty in our Election of a Prtsidcnt, do humbly beg 
leave to represent to your Grace a true state of our case and hope 
you will please to inform the King how uncapable we were to perform 
His comuTiands. 

His IMajcsty was pleased on the death of D^". Henry Clark, President of 
S*. Mary Magdalen College, to command us by his Letter to elect and 
admit 3,1^. Anthony Farmer in that office, a person utterly incapable of 
it by our Statutes, as we are ready to make appear, in many particulars ; 
and since vrc have taken a positive oath of obedience to them, and that 
exclusive to all dispensations wdralsoever, we humbly conceive we could 
not obey that command in favour of M^. Farmer, unless he had brought 
those qualifications with him, Vvdiich our Founder recjuires in the person 
of the President, and being confined as to the time of election, we have 
been forced to proceed to the choice of one, who has approved his 
loyalty in the whole course of his life, and whom we think suitably 
qualified for tiie place. 

May it thcrei<.n-e please your Ciratc to intercede wiih his most ^acred 
Majesty for us, tliat we may not lie under tliC v/t'ight of his displeasure 



1687. 



AND KING JAMES 11. 



for not being in a capacity for obeying his command. We know him to 
Iv r. IVir.-^^ ."f ^--r^ir^nt; jiisiiVe nnd integrity, and cannot think he will 
Vcihie any instmce of duty lo himself, which breaks in upon ihe obligation 
of our coi.sc i :nces ; an; ! your grace'vS extraordinary unblemished loyalty 
to the crown, and that regard which, we assure ourselves, our most 
honoured Lord and Chancellor has to the peace and welfare of this place 
induceth us to presume }'our Grace will omit no endeavours to set before 
his majesty the true rea.-(3n and necessity of our proceedings. I'hat God 
Almighty protect your Grace shall be the daily prayer of, may it please 
your Grace, your Grace's most obedient Servanis. 

From S^'. x\J:iry IMagdalen College in Oxford, April 19^'^ 16S7. 

John Hough. President. ■ 



Henry Fairfax, D.D. 
John Smith, D.D. 
Thomas Smiih, D.D. 
Thomas Ea^ lcy, i '.D. 
Ale.^andcr Fudsw, D.D. 
Thojiias StatTord; DL.D. 
Robert Almor't, B.D. 
jMainwaring Flamniond, B.D. 
Richard Strickland. 
Edward ^.laynard. 
IhAwy Dob^^ai. 
John Da\ys. 



Charles x\ Id worth, Mce-President. 

James Fayrer. 
Joseph Flarwar. 
George Fulham. 
I'honias Batcman. 
John Gilman. 
"Stephen Weelkes. 
I'homas Goodwyn. 
Edward Yerbury. 
Robert Holt. 
Francis Bagshaw. 
James Bayley. 
Robert Hyde. 



[This List of names is given only by Johnston. D^*. Thomas Smith's 
name seems t ) have been inserted without his consent or even knowledge]. 



47. 

1687, April 21. Lord Sunderland's Letter to the Vice-President 

and Tellows. 

Gentlemen. The King being given to understand that notwithstanding 
his late mandate sent to you for electing IM^. Farmer to be President of 
that College, you have made choice of another person : His INIajesty 
commands me to tell you he is much surprised at those proceedings, and 
expects you should send me an account of what passed upon that occa- 
sion, and v.hether you did not receive His Majesty's said Letters i\lan- 
datory before you chose jM^. Plough. I am, gendemen, your affectionate 
and humble Servant, Sunderland P. Whitehall, April 21, 1687. 



48. 

1687, April 23(?). Answer to Lord Sunderland's Letter. 

May it please your Lordship, Your Lordship's of the 2V'-^- we re- 
ceived, signifying to us His iMajesty's pleasure, tliat Vve sliould give your 
Lordship an account of what passed at our late I^lceiion of a President, 
and of the receipt of His I\Lijesty's Letters Mandatory on behalf of 



MACDALRN COLLEGE. 



1687. 



Anthon)' Farmer. lu all diiliriil obedience to his IMajesty v/e have 
acc^rdirigly sent to your Lordsl)ip a plain state of the case, wherein 
jiothing- Hi the world could so much affect us as that ^ve could not elecl the 
said Mr. Farmer President in compliiince wiih liis most sacred INIajesty's 
Letters, being a person in our judgements utterly uncapable of that ofllce. 
W' - beg Iccive to represent to your Lordship that our Prince's displeasure 
would be the greatest niisfortune that could befall us ; and our only support 
under this appreliension is that a Loyal Society can never sutler in the hands 
of so generous and gracious a Prince, for what tliey have done out of a 
conscientious discharge of the Trust reposed in dieni by their Founder. 

That God Aimighty would crown all your I-ordship's endeavours 
with success, and preser\e your TvOrdship in the grace and favour of the 
best of Prin.ces shall be the daily prayer of, may it please your Lordsliip. 
your Lordship's most humble and inost obedient Servants, the Vice- 
President and Fellows of S^, ^^Liry ALigdalen College, Oxford. 

{^JoJuision^ 

49. 

1687, April 24. * The Case of the Vice-President and rellows 
of S^. Mary Magdalen College in Oxford, in their late Elec- 
tion of a President.' 

L^pon the first notice of the death of D^. Clark, late President of 
Alary AFagdalen College in Oxford, the Vice-President called a 
Meeting of the Fellows, in order to appoint a day for Election of a 
new President, and the 13*^^ day of April was the time prefixed, with 
power to prorogue the Election as they should see cause till the 15^-^ 
beyond which time it was not in their power to defer the same. I his 
being agreed, a Citation or Proemonition was fixed upon the chapel-door 
of the College, signifying the same, and summoning all tlie absent Fellows 
to repair home to the ensuing electi(^n, as the Statute in that state directs. 
After this upon the S^^*- of April they received His Majesty's Letter in 
behalf of ?»P'. Farmer, requiring them to elect and admit him President : 
but he having never been Fellow of that College or of New College in 
Oxford (which are the only persons capable of being chosen, by the 
Statutes), and \ anting likewise such personal qualifications as are required 
in the character of a President, they did not imagine it w^as, or could be, 
His Majesty's pleasure, that they should act so directly against the 
express words of their Statutes, to which they are stricdy and positively 
sworn. But they did humbly conceive they were bound in duty to be- 
Ueve that Plis IMajesty had been mis-informed in die character and capacity 
of Farmer, and therefore upon the 15*^^1 of April (the last of those 
days within which they are confined to finish the Election) they proceeded 
to a choice, and having first received the Blessed Eucharist, and taken an 
Oath as the Founder enjoins, to choose a person so qualified as is there 
specified, they did elect the Rev. IM^. John Plough, Bachelor in Divinit}-, 
wlio is a person every way qualified by the Statutes of the said College : 
and if it shall be objected that his Majesty di-.l in hi^ Letter to M^. Farmer 
graciously dispense wiih all those Statutes that rendercii him uncap:d)Ie of 
being elected, and that therefore they might have obeyed without brccich 
of their oath, they humbly beg leave to represent that there is an express 



1G8V> 



AND KING JAMES 11. 



39 



cLinse in thot oalli, which every man takes when he is admitted Fellow 
oi tiic CoIlc,L,c, \,h.;eiii liC ovrcarr;, neither to procure, accept, or make 
u?e of. any nisponsation from his oath or any part thereof, by whomsoever 
p.ocured or by wl-al uith>ority soevei granted. 

As to tbicir former practice, v;hen they have elected in obedience to 
the King's Letters heretofore, it has been ahvays in such cases v. here the 
persons recommended have been every way qualified for this office by 
their Statutes, in which cases they always have been, and ever will be, 
ready to comply with his iNbajesty's pleasure, it not being without un- 
speakable regret that they disobey the least of his commands. They 
linov,- how enrirtly their v.elfare depends upon the countenance and 
favour of their iVince, neither can anything more deeply atTect and grieve 
their souls than when they fmd thfuisclves reduced to this unfortunate 
necessity of either disobeying his will, or violating their consciences by a 
notorious perjury. 

(7"he case Vs-ithin stated was jmblickly read by the Vice-President 
of S'. Mary ?Jar;daien College at a m.^eiirig of the Fellows, and generally 
approved of, in the presence of me 

James Almont, Public Notary.) 
\E7idor^id on th- lh'.ck\ April 24^^', 1687. 

Certain clauses of particular Statutes to which the foregoing 
Case refers were also sent, viz. : — 

In the Statute concerning the Election of a President, his character is 
thus described : — that lie must be a man of good reputation, and good 
life, of approved undt rstanding, good manners and temper, discreet, 
provident, and circumspect both in spiritual and temporal atlairs. 

In the same Statute which every Fellow is obliged to take before he 
can give his voice in the nomination of a President is this : — that he w'AX 
name one or two of the Fellows of S*. Mary Magdalen College, or of 
those who have formerly been Fellows there, and liavt left the place upon 
a legal and creditable account : or that he will name one or two of the 
Fellows of S^. IMary Winchester College, commonly called New College, 
in Oxford ; or of those who have formerly been Fellows there, and have 
left the place upon a creditable account: — After this the thirteen Senior 
Fellows swear that of the two that are nominated, they will with all speed 
elect one to exercise the office of President, whom in their consciences 
they think most proper and sufficient, most chscreet, most useful, and 
best qualified for it, without any regard to love, hatred, favour or fear, 
as in the forementioned Statute is more largely expressed. 

Part of the oath, which all persons take when they are admitted actual 
Fellows, runs thus Item, I do swear that I will not procure any 
dis|.^;'nsation contrary to my foresaid oaths, or to any part thereof nor 
contrary to the Statutes and Ordinances to which they relate, or any 
of them, nor will I endeavour that such dispensation shoukl be procured 
by any other or oihers publickly or privately, directly or indirectly ; 
•ind if it shall happen that any dispensation of tliis sort sliali be procured 
or freely granted or obtained, of what auihoriiy soever v. be, whether in 



MAGDALEN COLLEGE 



1687. 



general or [/articular, or under what form of words soever il shall be 

giiuiicu , 1 s\ ul iicivIiCA iualvC UoO of it, nor in any sort consent thereunto. 
So help me God. {JoJmslon.) 
\E?:dorsfd on ihe hack of This ^ April the 24^--, 1687. 



50. 

1687, April 24 (?). Address to the Kin,";. 

We your IMaje^ty'? most humble and most dutiful subjeets, the Fellows 
of S^. ^jary ■Ma5;dalen College in Oxford, being deeply afflieied with the 
late sense of your ^Majesty's heavy displeasure, grounded, as we in all 
reason humbly presume, u'pori the most unkind mis-representation of our 
actions in relation to the Election of a President into your jMajesty's said 
College, do hum>>]y beg leave to prostrate ourselves at your Royal feet, 
offering all rral [osii'iiouies of duty and loyalty. And as we have never 
failed to e^irict.^ b. c ur principles and j raeticcs to be truly loyal, in 
obedience to lite commands of your Ro} ai ]J]-cilher, and your sacred Self, 
in matters of th.e like nature, so whatsoever way your Majesty shall be 
pleased to try ou:- readiness to obey your Royal Pleasure (in any in- 
stances diat do not interfere with and \iolate our consciences, which 
your Majesty is studious to preserve) we shall most gladly and effectually 
comply therewith : a stubborn and groundless resistance of your Royal 
V.'iil ar.d Pbasur-:' in the present arid all other cases, being that which 
our souls eternai.iy abhor, as becomes your JMajesty's most dutiful and 
obedient subjects. 

Alexander Pudsey, D.D. John Oilman, I\1.A. 

Thomas Stafford, LL.D. Charles Penvston, jM.A. 

John Rogers, B.D. Henry Plolden, M.A. 

j\Iainwaring Hammond, B.D. Jo^ii^ Smith, D.D. 

Robert Almont, B.D. Thom.as Bateman, M.A. 

James Bayley, r^I.A. John Davys, ?d.A. 

Richard Strickland, B.D. Edward Yerbury, .M.A. 

Henry Dobson, ?d.A. Robert Thornton, M.A. 

James Favrer, ]M.A. Robert Hyde, M.A. 

Joseph Harw;ir, IM.A. Robert Holt, M.A. 

George Hunt, M.A. Stephen Weelkes, M.A. 

William Craddock, JM.A. Francis Bagshaw, i\LA. 

51. 

1687, April 23- 27. Continuation of Dr. Thomas Smith's 

Narrative. 

About the 23^*^ of April a Letter written two days before (21^^^ of 
April) came from my Lord Sunderland directed to the Fellows of the 
College, requiring us in the King's name to give an account of what had 
passed at . the Election the week before, and whether the King's Letter 
Mandatory had ra.'t been dc-Hvcrcd liofore tiie election nf Pd/J". Plough. 
To this an answer was framed, to which I told them I could not sub- 



16S7. 



AND KING JAMES II. 



41 



scribe, nor npprovc of the Case dravv-n up in several of the particulars 
aHegod, and ther(-fore I desiied to wliolly unconcerned for the future, 
as 1 really was, in this troi;bl-^f;n';j h'lsinr::^. \vhich miirht have been prc- 
vente.;! l')y our oe'i^ion-riL'' tb.e Kiiii-; a -ccond time ; and upon the readins^ 
both of the Lctlvjr and (Ja-.e, 1 bid M^. Almont our Steward and Public 
Notary to tabc riotice that I disMked several things both in the one and 
the other, and before him and in the prc-enc e of the Fellov;s in the 
Cheque (the Bursary .1 pr.l)li>:idy interposed v:\y dissent. Aher lliis I re- 
fuseil to be present at oiher meetings which were had about petitioning 
the King. A Petit i ')n, I heard, was drav.-n up to be presented to the 
Kin an:' di'- i':eside:ii and ihrt-e or four of the Fellows widi him went 
up on Wedncv-daj , 2; -^^ of April, to deliver it. 

52. 

ieS7, early in May (?). Cnso of S*. LI. J.T n.^a. Coll. Oxen relating 
to the election of the rrcsiclcnt accoi'din.p; to tho Statutes. 

The prjesidcntship of our College being uoyd by the death of D"", 
Clerke, thv: day for the ensucing election is decreed, as the Statutes direct, 
& published by a Citaeon fixt up at the Chappell doors. Before the day 
of election, we had notice of His Majesties design to recoiriend M^. Audi: 
Farmer to be ^~>'ar prce.-ivlenr ; whereupon by aduice of tiie Bp of Winton, 
our patron 6z ^'i.> tor, v e prLitioii'd ILs i^lajesty, setting forth, That the 
said i\P. Farmer './as uncapable of y^ office by our Statutes, & praying to 
be left to the obse. nance of our oaths, & a Statutable eh.^ction. After this, 
hauing serit-usly consi.iered as well our duty to His Pdajesty, as our 
obligaeon to observe the Statutes, & in order thereto adjourn'd the election 
from day to day to the utmost time limited by the Statutes, we unanim- 
ously agreed, (2 or 3 excepted.) out of a conscientious discharge of \^ 
Trust reposed in us by our Founder, to proceed to election according to 
his Statutes ; And after the H: Sacrament fh>t receiued, a strict Oath 
taken, & all tilings regidarly performed, we elected the Reuerend iM'". J : 
Hough president, a person in the whole course of his life of approved 
loyaltie. & euery way qiialifyd for y^ Office. Which Election was approued, 
ratifyd, &: confirmed by the Bp of Winton, & the said M^. Plough Ad- 
mitted & Sworn prcesident by His Unship. 

Reasons agca'nst . Farmer, 

i^^. Pie was neuer fellow^ either of this College, or New College; 
which is a qualificacon necessary by our Statutes. 

2^^. Pie is a person of no good fame ; which is likewise a qualificacon 
requisite by Statute, & absolutely necessary in the person of a Gouernor. 

3^'. Pie is a Stranger, wholy unacquainted, & unexperienced in the 
affairs of the College; which yet in this Statute de eleccione prai--identis, 
& seueral others, is specially & most expressly to be considered in the 
<dioice i>{ a pra^sident. And therefore lastly, 

4b--. Hauing so great a 'Pru .t reposed in us by our pious Founder in 
tiiis election, pneparator}' to Vvhich we receiue the B : Sacrament, & take 



4^ 



JfA CD. ILEN COLLEGE 



1687. 



a most strict Odth, we could not v.ithout the greatest nio'cnce to our 
CoiiscieiiCLS coii>tyuL to the election of a person in our judgements 
utterly i^.capabl j of Office. 

Ol>. If ii be Objected, 'j1nt the King in His letter does di5|-ense \vith 
our Statutes ; And in like Cases we ha\-e elected pra^sidenls in obedi- 
ence to the K.s leiiers. 
We A]1S^^er, 

Sol. i^t. Qucere, tlow far a Letter from His IMa^J' will be a legal dis- 
pensacon from lli;^ OM'^acon of our Statutes? 

2b'. Wilt ii Lnh;i;i:ed Fellows of the Coll, we are sworn to observe in- 
ui' -!ably all the Saiiiues; And by a Clause in y^ Oath, we are obliged 
neither to procure, accept, make use of, or consent to any dispensacon 
from our Oaths, Sz obseruance of our Founder s Statutes, by whomso- 
euer procured, or by w t Authority soeuer granted. 

3I5'. As to our former practise ; Dr. Pierce was elected in a Statutable 
way, tho' recomended by the King. And if we have sometimes sub- 
miUed to Ui^ Ma'^*^'-" !e:rer>, without the formality of FLlection, it has been 
in such C,i-'"-, when pf^rsons have been recomended that were duely 
qualif}-d by Sicitute: in which Ca^es we have been ready to comply with 
Flij iMat'*^^ pleasure in determining our choice, & in the like case should 
have been so now, as ap|)ears by our petition. 

Tis true D''. Haddon was a Cambr: man, & neuer fellow either of our 
College, or Ncvv C'^'IcL^e : but i^'-, we are not answerable for any irregu- 
larity ill 1 ^> <■!■. r.ii.ii V. hich was ult. Edw: O^i. 2, We knov\- not wt force 
was at y' time ujxmi the College. 3 I'he said D^'. Haddon was euer 
accountr'i ! an Ini ruder, & before the end of die same year ran away from 
the Collei 0, Ir fi his pra-sidentship. 

Oil. If u^ter ail it be said, we have admitted presidents, & fellows, on 
receipt of the K.s letters, without taking the Oaths pra;scribd in the 
Statutes, Wc Answer, 

Sol. It has neuer been so done, but where the Substance of the s"! 
Oaths has punciuii!}' been obst.rucd as to all the qualificacons requisite 
in the per>on^ so elected. AjkI v/e are perswaded, our readyness to 
yield all due ol^edience to our Soueraigns comands when requiring any 
thing of us consonant to our Statutes, shall neuer be made an argument 
to force orr co'i'^ciences in other cases directly contrary to our Statutes. 

Ob. If it be said, we are not so tender of our Oaths in the Obseruance 
of other Statutes, as we pretend to be in this of the Election of a 
prsesident. 

Sol. We Answer, we are. For proofe whereof, tis to be considered, 
That in most other Statutes there is a certaine penaltie inflicted on the 
delinquent, or if no penaltie specifyd, then the delinquent is to be 
puni>hed according to the discretion of the prx^ident & Officers: in 
which cases our wise Founder provides, y'^ no delinquent shall incurre 
the guilt of perjury, unless pxna perjurij be die Sanction of y* particular 
Statute ag^t which he offends, or unless he refuse to submit to such 
other punishments imposed by the Statute. 

05. Lasdy, If it be said, seueral of our Statutes widi reference to the 
Ch: of Rome are tola'ly laid aside, which can neuer stand with our Oath 
to observe all our Statutes. 



1CS7. A^B KING y^AAr/:S //. 43 

So/. Our Answer is, Th:it \ve act coiiformn.])!}- to your i^-la^''^^ laws, 
•.'.liicS ' !■:!■!•':]•" '■■•'■I S' n-rts of onr Statutes ; And that wc own our 
srivo I .'^yal SuVjr . ts to your IMa^y. & Tsl ember- of the Ch: of Engl: by 
law e:;tahlis]. :d, v. hich your ^kuv has most graciously promised to })rotect. 

For my own Vindicacon m giuing way to a Statutable Election, it 
may be considered, 

i^t. I'hat I lay under the same obligaeon of Oaths to obscrue the 
Founders SLituti:s. as ali iIk; rest of the fcUov.s did. 

2b-. Tliar I av.is of neeessay concluded by the ^lajority, hauing no 
negative uoiee in dvi- ciectiion giuen nie b^y the Founder; And if I had, 
tlie same is al ,w)!uich- tjken away by 3,"; f]> n. S^, cap 27, 

3bv. That J u.-ed a^l hc>nest endeauurs in iiehalfe of PnIX Farmer; pro- 
posing the electing of liim li-'ua uoee, in ol'^edience to the K."--^ letter; or 
at least adnn'tting him in obcd: to the King, without any election : but 
tlie genraliyv judg..ing him uncapable, Sc uoteing for a Statutable election, 
I was n re-dtatv;! U) jown wi'di th^m : hauing taken a stiact Oath, & 
receiued :')■■ L' ;]/ Saaaei. ■.!■. 1 ^u' l doe no otherwise then as my Con- 
science dirf-f^ted. me, vdnch Mis ]^dakv has most giaciou-ly declared lie 
will neuer force. 

(ZV.Tiv W)-.Our Ca^c Stated bv I^Iyselfe. 

{Brayhrooke 3IS.) 

53. 

I6G/, Kay 7. A def nee of the bate Election of the president of 
£^ Mary Magd : Coll in Oxford. 

ist. The vndoubted Right of y^ fellows to choose y^ priEsident, as 
appears by their Statr. which Statt. the founder was empowerd to make 
by Charta Henr : 6^^: M iiich Charter has been since Confirmed by seueral 
Royal Charters as well before, as since Reformacon ; And by an Act 
of park J^^ 2 Eliz. (uide Cokes Inst. 4^''' p^. Cap. of y^ Courts of y® 
Vni\ers : of Oxf ..i' C) All y© Rights franchise imunities liberties etc of 
both th jse bodies all p*^^ of 'em are for euer confirmd, so y^ no Quo 
Warranto, scire facias, etc, will lye ag^" 'em. 

2bv. The Oath we have taken to observe these Statt ; & to admit of no 
di^pen^acon (by v;t autority soeuer) ag't- the plain letter &; meaning of 
them. 

3b'. Our obligacon to elect a prcesident qualifyd accord : to the s^^ Statt. 
& his Character therein. 

4^y. That accordingly our Election of M^. Flough was in all points 
regular, both as to his qualiticacons, & the manner of election. 

5b-. upon a bare report only of IM^. Fs having obteined Ks letter, 
& before y® receipt thereof, we addresst early to Flis IMa^y in our i\Iost 
Humble petition, setting forth therein the incapacity of Farmer, & 
shewing our selves to coinply with His Royal will in behalfe of any one 
yt should be duly qualified by our Statt, Sc accord: to y® Oaths we lay 
under. On acc^ of which petidon lying before His IMa^-v. we adjournd 
} e election from da}- to day to utmost time liniited by Statute. 

lastly. Thai as well be \ ■ Visitors & our letter to my lA pra^sid: of y^ 
Council, as by our Add;es-ei to His Or; y- E' of Orm : our Chancellor 



4-1 



MAGDALEN COLLEGE 



1687. 



^. to Bp of \V. our patron & Visitor, we have done all \ve can to 
represent our Ca-'>e to his IMa^v, & how unrortuiiate we are under the 
a;<prchen-ion of His Ro}'al displeasure. 
Ag t yo j^'q]] T^-|.;^y pleaded 

i^t. The K.s Right by rn a:'Scription. In answ : to which Vv-e Repl}' 
\^'^. of Nineteen pri-c.-iJcnts since the foundaeon, All came in by a 
Statut ible election (as appears by our Registers), 3 onlv" excepted viz. 
D^. Haddon, I)^ Bond, & .D''. Gierke, tis said, y^ JJi". Oliver came in by 
a Letter from King Ch : i*^^-^, but this does not appear to us, the great 
Register v, herein election was enterd at large being lost, & all y'^ 
appeari upon Register in y^ Gust: of ye Vicepr is, y^ y° s'^ D^'. Oliver 
was Klectus ad r)fr]cium prcesidentis INfaij uicesimo s^'xio an : 1644, et 
Admis.ais ejusdern ?ilaij uicesimo S''«-\ — IX Pierce had 2 letters ^Mandatory 
from K: Gh : 2^., but was elected ^ admitted pr : in all points accord: 
to y® Statute. 

j'y. or lliose ytc.ime in byy© K.s letters, The first v/as D^. Haddon, & 
comes nearest y^ ca^c, as havivjg neuer been fellow of cur Goll. or New 
Coll. & and so in } t respect as much unqualilled as InI^". Farmer. He 
was elected sexto Edw : 6^l\ 15 Oct. an: 3552 by 2 letters & a special 
IMandaLC from y^ Jving; but the Case will appear uasdy different, if 
it be considered ; I'^t. 1'hat The Ks letter was sent to the Goll. before the 
resignacon of D^. Ogleihorp the former president, with an express prohi- 
bition to procc' d to liiC election of any other. 2'y. yt 21 Sept: preceding 
yf" electioT; Letti r.^ were sent to \^ Goll. from y^Gouncii, coniandmg uti in 
omnibus juramentis seu pra^sidentis sen sociorum in ipsorum admissione 
ha}c Clausula adhiberetur, viz. Ila^c onniia obseruabis, quatenus prseroga- 
tiux ordi;i~.onibn> et Injunet. regijs, juribusque et Statt. regni non aduer- 
scntur ; sicut Deus te adjuvet et sancta Dei Evangelia : which order of y® 
Council was reversd i'^^'^'. IMarice, & y^ Coll. comanded statuta per omnia 
obseruare, antiquatis injunet^. ac ordinaonibus omnibus in contr : editis : 
& so it coniinucs ever since. 3^^'. y^ IMaij 8"'^ i-)49 Regij delegati for y® 
V-'.-itaeon of the ^'nivei^. had opeii'd dicir Gomission at S^. Tvlaries, & 
establisht seueral new stalt. & injunctions, as well for y^ whole Vniversity, 
as part : Colleges. 4b' yt ye Coll, as appears by y^ humble remonstrance 
to y® King, & by y^ Register of y*" election, did acknowledge d^. Haddon ' 
to be a person of most singular parts & endowments, & worthy of a 
far greater preferment, & of a temper fit to preserve y^ peace of ye Coll 
(which is by our founder expressly considered in y^ character of his 
prassident,) & expressd how gladly they should accept him had he been 
of yT own fcundacon, or New Coll. & lastly ; yt that if they did not 
punctually observe their oaths, yt will excuse us from keeping ours. 

Dr. Bond was recomended to the Colt by Q, Eliz, who in her letter 
takes notice of ye great duty which in conscience by oath they were 
siraitly bound to, & requiers them to elect d^. Bond pr : as one y* had 
been long of y^ Society, born all the seueral offices of y® house, well ac- 
quainted with ye Statt. & orders of y® house, & euery way sufficiently qualifyd 
to govern & benefit y^ same. Afcer which a difi'erence arising at y® elec- 
tion, & by reason of suiiie d!sor!.le;lj -[proceeding.- y^ time of election 
being Uipst, D^. Bond is made })r : by ,1 diploma from y- Queen, v/hcrein 
the Q: owns the right of election to be in y^ Goll, & y^ she v/ill protect 



1887. 



AND KING -JAMES 11. 



45 



them therein : And she claimed y*^ right of electing- y^* prajs pro ilia uice 
by deuokition, jure iribi per deiiolulionem acquisilo,) & in favor to y^ 
Coll for remedy c'l' ^upj^ly of their defect in lapsing y® time of election ; 
whicli defov't couM be ?ii['plyd by no other aiitority but y^ Queens. 

D"*. Gierke was admitted president by letters from K. Ch : 2'^, who 
therein recomends him as a person every way qualifyd accord to y° 
foimders Statt. & of great & long expeiience in Slatt. Cusloms 
revenues t^' whole Condition of y® s'^ ^_'oll. 

From y® premir scs it may be considered y^ of tliese few instances IX 
Haddons v/as a very ];artic : case, y*' Coll at yt time v/ith y^ wliole uni- 
ver.dty ly'ng under a VisitaCon & hauing several new oaths & statt. 
imposed on them, y't Q. Eliz : did jure suo make D^'. Bond pra.'s : y^ Coll. 
hauing lapsd y^ election, whose right otherv.ase y® Q acknovdedgd : y^ 
Dr. Pierce & I)''. Cicrke were in all rcspects tiualifwl by Statute bo'h as 
to y^ relacon to y- Cell. & all other persoiral qiialihcacons : in which 
case we shoid 1 :\ o ihankfully ha\-e coniply l v. itl) his iMa^'^"--^ pleasure as 
a[^pears by oi;:- \ \ i: \\. N'">r cm v • pr.L- nd how our readiness to 
submit to his ]Ma^-^\ pl'jsure, v.''- 1)\- cur ."^tati. we may, can prejudice our 
rights of election, & cancel these oaths & obligacons so strictly tyed 
upon us by our Foun.ler. Lut 2b' 

It may be Obj : y^ yo King in IM''. F*s Case does dispense with our 
Statt. And y^ .dispensaiZons, <fc such like graces, are a principal branch 
of ye supremacy. We Answer When admitted fellows of \^ Coll. we 
ar^^ sv.oiii to observe inuiolably all Statutes; And by a Cdause in y^ 
Cath v.e an; obl'ged neither to procure, accept, make use of, or con?eut 
to any di.->pens.i~on fiom our Oaths &: obseruance of our Founders Statt. 
by autority so^ uer granted, 2b" Niy. Farmer had no legal di^pensacon 
under y^' broad S:al. 31^., we conceiue such a dispensacon, tho" it migiit 
be an act of grace to Ni^. F. & capacitate him to some purposes lor 
which he was incapacitated before, yet will not bind us to act contr : to 
our Statt. to the obseruance whereof we are solemnly sworn. 41^' There 
is a tiust repose' I in us to perform y© will of our P^ounder, & thereby a 
duty mdispensa[)le. 

If it be said, seueral of our Statt. are antiquated by Act of Parl^. since 
the Reformacon, which cant stand with our pretended obligacon to reject 
all dispensacon- from our Statt by w* Autority soeuer granted : We 
Answ: That we professe to live conformably to Flis INIa^^^s^ i^ws which 
have nuU'd somie parts of our Statt ; And yt we own ourselves IMembers 
of yc Ch : of Engl by law establisht, which His IMa^y has most graciously 
promisd to protect. 

If it be said yt 'we have sometimes submitted to y© K's letters without 
ye formality of a statutable election. We Ans : It has been in such Cases, 
when persons have been recomended y* were duly qualifyd by Statute ; 
In which cases we have been ready to comply with His Ma^^es. pleasure 
in determinmg our Choice, & in y© like case shoukl have been so now, as 
appears by our petition. 

■ If it be said, some of our selves came in by f.ivor of y^ K.s letters. 
Answ., v.-e thankfully own if:, but we vv'ere qualifyd by oar Founders Statutes. 

If it be said, our late prxsideiit & seueral k:liu*vs have been elected 
& admitted on rec : of y- K.s letters by us without taking y^ oaths 



46 



MAGDALEN COLLEGE 



1687. 



prsescribed in order to such elections: We Ansv/: It has nevei ]>een so 
done, but v.hcre the substance of s'^ Oaths has punctually been 
obForved to all y- qualiiicacons required by those oaths in y® persons 
to be ( lecl:d, in -vhich cas'\s \\ c have taken y surest infauor of y*' person 
coiTiended by King. And \ve are perswaded, our readyness to yield 
all due obedience to our So .erai;4ns Coinands, when requiring any thing 
of us consonant to our Statt, shall never be made an Argument to force 
our consciences in other cases directly contrary thereto. 

If it be said, Our late p>r:e.-ident was not qnalifyd by Statute, as not 
being in holy orders, We Ans : i^^. That Tlie ibunders Statute which we 
are to ol)serve as our rule in this election, & our Oath therein, ex- 
pressly oblige us to nominate such for pra^sidents, as are in Theologia 
Jure ciuili canonico vel in Medicinis doctores vcd Artium magistri but doe 
not express yt he l)e in holy orders. 2b'. yt hauiug receivd y® K.s letters 
in fauor of y^ s<^ D^". Gierke, they did not thinke meet to reject a person 
so recoiTiended, othtTv i-c dii!\- ([uaiifird for } t' Office, on defect of a 
qualificaCon not cleariy fx].;..--! ii. y- sMti. j':-' }t nevertheless upon 
presumption yt \^ Founder inrcnded his pri^-sident should be in H : 
orders, the s'i D"^ Gierke did after his ek ction take orders, & thereb}' fully 
satisf\e \ - int -nt of y^ founder in the opinion of } e then A^isitor G. I/^ Bp 
of Wintofi, to vshose judgem^^. all ambiguities in our statt. are referrd, & 
thereby fmall}- determind. Lastly, yt most of us were unconcernd in 
d*". Glerks election; nor can any defect therein, by reason of aml)iguityin 
)^ statt. v arr :;iit u-^ to p^roceed to \^ choice of a person uncapable by y^ 
express letter of }^ Statute, & an express Glause of our oath, & lyable to 
such an incapacity as could never possibly de postea be supplyd, such 
was his not having been fell : of this Goll. or N : Goll. 

If it be saivl, yt we ourselves did not punctually observe y® letter of y® 
statt. in our last election, viz, IMissa Spintus Sancti omitted, Scrutin}- not 
begun in due time : 

We A.nsw : i, that y^ Gomunion office in order thereto was read, & the 
holy Sacrament adminisierd, the oaths taken, the Scrutiny regularly per- 
fOi'md, & all things performd without y® least disorder, nor did any one 
except ag^t ye fairness of our proceedings as to y^ Statt. 2, our wise 
founder forseeing how apt some might be to cauil at every litde nicety in 
the elect'on, has provided etc. [iLide at large & excellently [in the] defence 
of R : Smiths elec tion, prces : vellum booke page 192.) lastly y^ election 
certifyd cs: confirmed by y© Visitor, who only could except to our pro- 
ceedings. 

If it be said, we are not so tender of our oaths in y© obseruance of 
other Statt, as we pretend to be in this. 

We Answ : we are. For proofe tis to be considered That in most of 
our statt. there is a certain penalties infiicted on y^ deknquent, or if no 
penalties specifyd then y® delinquent to be punisjied accord: to y^ 
discretion of y"^' prcesident & officers : In vdiich cases our wise Founder 
prouides, yt no delinquent shall incurre \^ guilt of perjury, unless poena 
perjurii be y*^ sanction of yt panic : Statute, ag^t^ which be otTends, or 
unless he refu.-e to submit to ^uch other punishments as shall be inflicted 
on him. by y® pr ; & Offjeers, 

As to any ilaw iri y« election, i^t, ^yt ever was essential was duly 



1.GB7. 



AND KING JAMES IL 



observed as citacon, Sacramt, oaths, scriidny, pronunciacon, & his 
pcrson;iI qiiajificacons. 2. if an}- defect, in circumstantials, Bp 
of W'iniofis :ati'lc icoii answers it. 
Oar Reasons r^^r-t Farnacr, if demanded, are these. 

ist. Pie was never fellow either of this Coll. or N : Coll. ; a qiialificacon 
expressly requisite by statute. 

2. He is a person of no good fame; a qualificacon likewise requisite 
by Statute, & absolutely necessary in y^ person of a Governor. 

3iy. He is a stranger, wholy unacquainted & unexperiencd in the 
ordinances statutes customes & revenues of y^ Colt ; all which are 
chir tly comendcd to y® care & prudence of y^ pr : by y'^ founder. 

4ly. he is not of a peaceable temper, which is most specially 
required in the character of y^ prassident. 

5iy. He has not been discretus in temporalibus, providus, et circum- 
spei tus, as to his own concerns, ^ therefore unfit to be trusted with y© 
revenue of y® Colu\ge. l<, rn..'rerore 

Lastly. Hauiiiic so lO' -^^t n i reposed in us by our pious founder in 
this election, prx^paraiory to which we receive y^ b : Sacram^, & take a 
most strict Oath, we could not v/iihout y- greatest uiolc-nce to our con- 
scitnce i cc-nserc to } 3 elcdion of one in our judgem^^ utterly incapable of 
y^ oitice. 

If it be said, y* iM^. P^armers ill fame (the chiefe objection ag^* him) is 
not proved, i^^., We Answ : it appears by his bciiauior at Abingdon & 
Fox Hill at vcrv time Kin:/.- L'lLer came for bin], by his behauior 
since his i)cing of liii.^ Coll., b}' Ins behavior at MauLHyii Hall. & his being 
forct to leave it, by his behavior forinerly at Cambridge & after when a 
SclioolmasLer in y^ Countrey. 

if it be said, these are for yo most part reports, which are usually 
groundless & false. We Answ : some part will be proved : & for the 
rest, tho' bare reports are not sufficient to endite a man ; yet when 
credibly averrd they are sufficient for us, who are sv;orn to elect a IMan of 
a good fame ^ reputacon ; .S: it concerned him to have cleerd himselfe 
before y election. 

If it be said, several of us not long since gave him a testimonium 
under our hands. We Answ : Such testim : run to y® best of our know- 
ledge & as far as we are informd, quantum scimus, et quantum nobis 
innotuit, And knowing then but little "of him, being lately come to our 
Coll. we thought ourselves in charity obliged to give him yt testimony, 
which w^e are sorry we cannot doe now yt we are better informd. 

* * * * if. :1c- * 

If il be obj : y^ in y® case of y© diuinity Reader we ourselves appeald 
from the Visitor to y^ late King, thereby owning His praerogative. We 
answer we then prayd Flis jNIa^ys fauor in defence of an Election made 
regularly accord :* to Staiute, & humbly pray y^ same fauor now. And y* 
we have formerly, & must always (when we find ourselves oppressc) fly to 
His Royal justice & goodness for protection. 

3 poinls to he especially cleerd 
\^'^\ Why we nov.- charge IM^". F's Pvlorals, hauing giucn him a testi- 
monium under our hands ab* Xm^as last? 



48 



MAGDALEN COLLEGE 



16S7. 



2^': How \^-e make this charL:e oiUag^^'!^ him ? 

S^y. Whither ^ve did nr,t rasliiy proceed to election, after receipt of the 
Ks letter, (.aippo^inc; M^. Fs int apacity,) before Ivs pleasure was 
(arthvT knov» n ? 

If Fs friends recriminate. We Answ: i^^ : Let euery one answer 
for his own faults when they are legally cliai-ged. 2^-, Floweuer criminal 
we may be thought ourselves we maintain in y® present case we have 
elected a person ^.•ilhout exception. 3h', As to ourselves, The election of 
a person so every way qualifyd, & so unblameable, v;ill (we hope) in y© 
mean v^'hiie h i a charitable presumption yt' we are not so obnoxious as we 
aic protended to be. 

Sat ; .A lay 7. 

Questions put to the Vicech. of Camhr, 

2. Q. Whither some one had not been admitted without takeing y© 
Oatlis.? 

A. Neuer by him. 

3. Q. Whiiht-r some one had not been admitted to degrees by ye K^. 
le Iters } 

A. Only to Flonorary degrees. He instanced where a Mandate had 
been rejected. 

I. 'J'he first question was, wt were the Oaths he was sworn to ? 

A. To observe the laws of y^ Land, & y«^ Statt. of the Vniversity. 

Th.e Vicech : being by y^' Court suspended from His office, & liead- 
sh'p, during liie Iv.s pleriire; The rest yi^ v. ere dc'lcgated in y- same 
business, & sign'd the plea, were also ordered to attend Thursd : 
following. 

The Vicepr' : plea for Llimsetfe. 

i^: That he lay under the same obligacon to observe the Founders 
Statt, as all the rest of fellows did. 

2^^'. That he v/as of necessity concluded by the majority, hauing no 
Negative uoice this election giuen him by y® Founder. 

3b'. If it be said, such a Negative is uirtually included in his Office : 
tis answered first. That y® late Bp. of Wintoil being consulted on this 
point, told the late pr : to his face, that if he denied to propose things 
to y^ Society accord: to y® statt. lie ouglit would for y^ reason exj'ell 
bim : much less therefore may y® vicepr : use such autority : tis 
answered 2ly, That y^ Vicepr: was not in y« Ks letter conianded to stop 
proceedings in case they refus'd to elect INI''. Farmer : tis answered 3^^', 
That such a Negative is absolutely taken av\ay in all elections by an 
express Act of park, uiz. 33 Flen : 8, c : 27. 

4ly. That he used all fair & just endeauors in behalfe of iM^. F, pro- 
posing ye electing of him uiua uoce. in obed. to y^ K.s letter, or at least 
admitting him in obed: to y*^ Kg. -without any election; declaring my.^elfe 
for a farther address to His JMa^y. But y^ generality judging Flim un- 
capable, & noting for a statutable election, for y^ they had sta}ed \^ 
utmost time pratfixt for election ; I was necessitated to jo}"n with them ; 
Airl haiung a strict o:uh to choose a man (.[iialiTyd bv Statute, & received 
)^ H. Sacram'' in order thereto, 1 could doc no otherwise then as my 



16 S7 



AXD KING JAMES IL 



49 



Conscience directed, me, v.iiich His I\Ia^y has ino?t graciously declared He 
',vill never force. If obj : vhy I gave oath, which was wholy in niy 
power? Atjs. 

A !ra?!S: rip/ of y® Siatt de Hen : 8, c. 27. 

A Inwscn'/'f of y^' Founders stat. de elect, praes : directing y^-^ Viccpr : to 
cite, swear, regulate accord: lo y>" s'"i. StatiUe, but no where empowering 
him to over rule, or stop proceedings. Neither had he any coiTiarid from 
y^ Kg. so to doe, y letter disi)ensing with Isl^, F, but not with y<^ electors 
Oadis, nor inhibiting them to proceed to a statutable election, in case diey 
could not choose Fanner. Notwithstanding M'hich, election pro- 
rogiid, k early notice given to the Kg by petition. The Founder so far 
from empov.ring y^ Vicepr : to over rule y<^ election, y^ he does not allow 
yt power to y*^ Visitor, who is obliged absque mora to admit, or otherwise 
ye prccsident in jure electionis su-a^ is complete without it. The most I 
could doe wa^; to propo?-' fiuorably, y® IMajority to determine. 

Copies of such statt., or Registers, as are for our purpose, to be authen- 
ticated. 

{Bayhrooh MS) 

54. 

1687, May 28. Proceedings taken against the College. 

At length his IMajesty, thinking it expedient that the Fellows of S*. 
IVIpry ::d;ii» n Co:''..'gt- should be called to an account for their dis- 
obedience, ordered the Lords C'ommissioners for Ecclesiastical Causes to 
proceed against them. Therefore the following summons was sent to them. 
By His Majesty's Commissioners for Ecclesiastical Causes, and 
for the Visitation of the Universities, and of all, and every, 
Cathedrals and Collegiate Churches, Colleges, Grammar Schools, 
Hospitals, and other the like Incorporations or Foundations and 
SocictTes. 

Complaint having been made unto us that the v'ice-President and 
Fellows of S*. iMary Magdalen College in the University of Oxford have 
refused to comply with his iMajesty's Letters INIandatory for electing and 
admitting Mr. Anthony Farmer President of the said College in the room 
of D^. Clark deceased, and that, notwithstanding his iMajesty's said 
Letters, they have elected iM^. John Hough President of the said College, 
you and either of you are hereby required to cite and summon the said 
Vice-President and Fellows, requiring them, or such of the said Feliov. s 
as they shall depute on their behalf, to appear before us in the Council 
Chamber at Whitehall upon IMonday, the sixth of the next month of 
June, at four in the afternoon, to answer to such matters as shall be 
objected against them concerning the premisses. And of the due exe- 
cution hereof you are to cerdfy to us then and there. Given under our 
Seal the 28^11 day of IMay, 1687. To Thomas Atterbury and Robert 
Eldowes, or either of them. 

Extracted out of the Register Book from the 28^^ of ]\Lay to the 5th of 
August. 

{/'Jinsi'm.) 

E ■ 



50 



MAGDALEN COLLEGE 



1687. 



55. 

1087, May ?8. At a Court in the Council Chamber at 
Hampton Court. 

Present : 

The Lord Chancellor. , The Bishop of Durham. 

The Lord President. The Pjishop of Rochester. 

The Lord Chamberlain. The Lord Chief Justice Herbert. 

Karl of Huntin^rdon. 

o 

The business about the election of the President of IMagdalen College in 
Oxford moved. 

The Court ordered a Citation against the Vice-President, and the 
Fellovv'5 of liie said College, or such of thie Fellows as shall be empowered 
to appear the next Court day at the Council Chamber in \Yhitch:d!, on 
Ivlonday sennight at four o'clock \ 

56, 

The State of Case of y? Vicepr: & Fellows of Mary 
Magdalen Coll in Oxford. 

Thursday, i\rar: 31. Vpon Notice of death of D^*. Hen: Clerke late 
pr."esident of y-' -'^^ College, It was unanimousl)' agreed by y^ Vicepr: & 
Fellows of the s*^ Coll to proceed to y^ Election of a pra^sid^ on Wednes- 
day y® 13^^ of Apr: following. And in order thereto a Citacon was fixt 
lap y® same day at y® Chap: door, signif\'ing y® uacancy, time, & place of 
election according to y® direction of y® Statutes. 

Saturday, Apr 9^^, It being reported yt I\K Anth : Farmer had 
<bteined His I\Iajcstios Letter Mandatory to be presidt of y® s'^ College, 
The Vicepr: & Fellows re{)resented to His Majesty by their most humble 
petition bearing date y® set 9^^^ of Apr: yt ye s"l IM^. Ant Farmer was in- 
capable of yt Oflice by yr Statt., praying to be left to a free election, & 
obseruance of y^ Onths. 

Monday, Apr: iitli. The Vicepr: receiued His Majesties letters ]\Ian- 
datory directed to y® s'-^ Vice-presid^ & fellows, requiring y"i forthwith to 
elect & admit y® s'l M^. Farmer pra^sid^ which letter was y® same day 
comunicated by y® Viceprx'sid^ 

V/ednesday\ Apr: 13^^^: This being y® day Appointed for y® election, 
The Vicepr: iS: fcil met in y^ College Chappeil, & hauing read y® founders 

^ The-e Minutes of Proceedings of the Privy Council are to be foimd in a •MS. Book 
in the Rawlinson Collection in tlie Bodleian Library, D. 565. p. 20. The Rev. \V. D. 
Macray states, * It i^ apparently the Book of hasty minutes j<jttecl down by the Se- 
cretary at the meetings of the Ecclesiastical Commissioners, as his private Boole, and 
intended for further transcription into the official Register. It was bought at tb.e sale 
of his daughter's Lilirai v hy Jv.j a lin -on for is. b.l.' Cnfortuviritely three kavcs have 
been cut out Vvhere all the most material passages about iNIagdaiea College Uiiglit be 
expected. The official Register has not been diicovercd. 



1 



AND KING JAMES II. 



51 



Statute de Electione prresidentis, as like-,vise K.s letter, in regard of 
their |ict!iioii iheii 1} iiig' befoie His ?.jajesly adjourned election to y© 
v> :xt day, after, \-:^rd^ on y© same acc*^ till iryday following, 

Frj djy, Ai>r; i.-,'--. A Tvlessage was deliuered to y© Societie by 2 of 
ye fellows from mv- L'^ praisid^- of y^ Council, That His JMajesty hauing 
?cnt His letter to Coll. f^r Farmer expected to be obe}"ed. After 
which, the e;reate'-"t p^ of y^ Fellows declared they thought y^^selues 
obliged to proceeo imediately to election, for yt they had stayd utmost 
time limited by y« S:att. for yt elecdon. And hauing taken y© usual 
oaths, & receiued y^ H: Sacramt prcepaiatory to y^ s^^ election, they 
Elected y^ Rcucx'-end J: Hough pra^sid^, a person in all respects 
duely qualifyd for y* Office. 

S-iiurda\\ Apr: 16^-^. The s^i Election was ratifyd by y® Right 
Reuerend Fatlier in God Peter L*^ Bp of Winton Visitor of yo Coll, & 
Ml' Hough s\vorn, admitted pre-id^ by His Ldship. 

Si'.iL'diy, Apr: M-". Ho'dijh \'.'as instalfd at 4 in y© Afternoon, & 

looke his Seat in tlie Chappo'l of \"-' College. 

The ^v]l^^]e proceeding A\as orderly & regular, as will appear by the 
attesuicon of the pu')li.:k Notary who attended the Election. 

I\Io7i<liy. 30^ '^i of?,iay. The s^l Vicepresid^ & fellows were Cited to 
appear before His Majesties Cornissioners for Eccles: Causes etc, to 
answer why they refused to comply with His 2^Iajesties letter mandatory 
for electing & adnniiing IM^. F: preside. 

In An--.v .;r v, heri ;o 

They most humbly OlTer to your Ldships Consideracon. 

i^^. The Character of y© presid^ in y® Statutes, viz. prcesidens sit vir 
honod conuersaonis et h!«nest£e, scientia, bonis moribus et conditionibus 
approbatus etc. 

2ly. The Electors Oath, viz. 

Tu Jurabis, quod postposids omnimodis amore, fauore, odio, timore, 
etc, Nominabis unum uel duos de Socijs ipsius Collegij etc, uel de Socijs 
Collegij B: 'Mii'ic Winton in Oxonia etc; Quos in conscientia tua magis 
idoneos, sulikiendores, discretiores, utiliores, et aptiores ad subeundurn et 
exercendum proesidentis officium speraueris et firmiter credideris etc. 

3ly. The Oaih taken by euery fellow at his admission, viz: 

Ego Juro, quod onmia Statuta et ordinaones hujus Collegij etc inuiola- 
biliter tenebo et obseruabo. Item quod non impyetrabo dispensaoncm 
aliquam contra juramenta mea prasdicta, uel aliquam particulam eorun- 
dem, nec contra ordinaones et Statuta, aut ipsorum ahquod etc. Et si 
forsan dispensaonem hujusmodi impetrari, gratis concedi, uel acquiri 
contigerit, cujuscumque fuerit Autoriiatis, ipsa non uter, nec eidem con- 
sentiam quouis modo. 

The premisses considered. The Viceproisidt & fellows doe humbly 
offer, That they haue neuer faild in their duty & allegiance to His 
Majesty, or His Royal proedecessors, & are most deeply aifectt-d yt they 
could not in regard of their afores^ Oaths comiply v/ith His ^lajesties 
letter for electing c\: admitting ^l^. F: presidt, the s'l ^l^ F: hauing neuer 
been fel'ow -Ich'^r of thr'ir Col!, or New Coll, nor olherwi-e qu diiyd 
as y-y uerily bciieue l:>y his lite & manners for )t cmploymt; ihey iarther 
o.^er, yt y® s'' ^l^. F: is reputed to haue left y© Comunion of y^ Ch. of 

E 2 



52 



MAGDALEN COLLEGE 



1087. 



England by law establisht, which they are bound to IMaintain. Humbly 
pray in:; ycur Ldsiiij^s ihcy may be dismisst, ^. hopping in regard 
of H'::; ?^Iajcsti :.< g^c u cleiaeiicy, & I lis gracious declaracon, thev ^hail 
noc be ceiii-.urcd fur ob^^iuing ihcir Oali:S, & acting LOnfonnably to His 
Majesties Lav/s. 

{Endorsed)— College Plea. {Braybrooke MS.) 

57, 

Notary^s Certificate. 
Juney' 2'^: 1687. 

I James Almont publick Notary being present at the late Election of 
the President of S'-. Tdary IMagdalen College in Oxford, doe hereby 
Certify, that all persons therein concerned behaved themselves quietly & 
regularly Without the least Disorder. 

Jaines Almont publiclc Notary F. 

( Endorsed) — Notary's Certificate. 

{^Brayhrooke MS.) 

'A breiiiato of the procGedings beforo L'^^ Cofiiission^'' for 
Ecclesiastical Causes, & for Visitacon of y^ Vniversities, 
Colleges, etc' 

{Ey Dr. Alhcorih. See N'^^. 63, 66, 74, 80.) 
1687, May no. The Vicepresidt & fellows of St. M. Magd. Coll. 
Oxon were sumniond to appear before ye L'^^ Comissionr^ at ye Council 
Chamber in \Miitehail y' Sixth of June following, to shew reason v;hy 
they did not obey y^ K.s letter requiring y'" to elect & admit M~. 
Anth: Farmer preside which sumons under y« Comissioners seal bears 
date May 28^^! 87. 

[L^rayhrooke I\fS.) 

59. 

1687, June 6. As above. 

The Delegate of the Fellows, viz. D^. Charles Aldworth, Vice-President, 
Henry Fairfax, D^. John Smith, M^. Mainwaring Hammond, Henry 
Dobson, and IM^". James Fayrer, appeared before the Commissioners, and 
desired time for consideration, which was granted them till June 13^^^. 

60. 

1687, June 6. Continuation of Dr. Thomas Smith's Narrative. 

About the 6^^" of June I asl^ed lea'-e to be absent for some time from 
the College, and went to London : where I continued extremely afflicted 
for tlie troubles brought upon the College by this hasty election ; nor 
would any curior ity carry me to Whitehall to be present at the several 
time^^ the Fcilov. s were suminond to appear by his Majesty's Com- 
miissioners fi.>r Fcclcfiastical Caii-^es and lor the Visitation of the Uni- 
versities, sitting at Whitehall, though one or other of the Fellows would 



i 



1C87. 



AND KING JAMES IL 



53 



come to my lodgings, and give me a particular account of their pro- 
ceedings, v/hith no way ccncenied nie to relate. 

61. 

1687, June 6. Extract from the Diary of Bishop Cartwright. 

' I was at Whitehall with the High Commissioners, where the Vice- 
President of jMagdalen was asked by my Lord Chancellor whether he 
did not receive a TMandate from the King to make Mr. Farmer President, 
and why he disobeyed it ; to wliich he replying that he desired time to 
advise ^\•ith council before he ans\\'ers, his Lordship said that he was like 
a man of his coat (Ald^vorth a civilian) first to do an ill thing, and then 
to advise with council to defend it ; but told him in fine that the Com- 
missioners would not be so hasty in adjudging him as he had been in 
disobeying and coniemning the Pving's authority, and therefore bidding 
him bring the Statutes with hiin gave hini till "Monday next' (June 13). 

62. 

3687, June G. At a Court in the Council Chamber, Whitehall. 

Present : 

The Lord Chancellor. The Earl of Huntingdon. 

The Lord President. The Pishop of Durham. 

Th'- Lord Cf'amberlain. The Bishop of Rochester. 

Dr. Aldworth, Vice-President of i\ragdalen College, Oxford, and the 
Deputies of the Fellows attend upon the Citation issued against them, 

Tiiey did receive the ^Mandate, and desire time to give an answer. 
This day sennight at 4 in the afternoon. 

63. 

J 687, June 6. rroceedings of the Commissioners, 
(^c. No. 58.) 

June 6th. The Vicepresidt, & five other of y« fellows, (dr Fairfax, 
Smith S:n., Hamond, Dobson, Fairer) deputed thereto at a meeting 
of all ye fellows, appeard before y® s'-^- Comissioners, & were askt, whither 
they had not receiued y*^ Ks letter for ]\P Farmer to be presidt ? which 
being confessd ; The next question was, why they did not obey it 1 To 
which they pray'd time, y^ they might aduise with Counsel in a case 
of so great weight, & concern to y^ whole Society. So they were 
ordered to giue in their Answer ye \'^^ of June following. At this first 
appearance upon our asking hime Ld Ch: obseru'd we had disobeyd y® 
King, & nov»- desired to aduise with Counsel how to defend our dis- 
obedience. I replyed, vre had a trust reposed in us by y® Society, & 
dard not trust our own managem*, y^efore prayd time. Being calld in my 
L^l told us Their L<^^;^s would not be so quick with us, as we had been in 
disobeviug King; yi-'-^fore indulgd us time to giue in our answer till 
IMonday following. And y^ y^ Ldshii)S orderd us to bring in our 
Statutes. 



54 



MAGDALEN COLLEGE 



1687. 



64. 

1687} June 8. Dr. Alclworth's letter to tho newly elected 

President. 

London. 

Sir, — D^. Thomas Smith, I presume, has given you an accoimt of 
%vhat p)assed last Monday (June 6^'^) at our first appearance before the 
Lords Conimissiorieis. I have likewise sent an account of it to the 
Bishop of Winton yesterday. We all \vaited on his Grace the Dake of 
Ormond, and inlejxl from time to time to give his Grace notice of all 
occurrences. are to give in our answer to the question, 'Why ve 

ciJ not obey tlic King's Letter?' next Monday (June 13). and are now 
drawing it up as lull, and with as much strength as possible, by advice 
of the ablest lawyers, both common lawyers and civilians. As soon 
as it is finished, I v.ill send you a copy, if we do not see you here 
before the end rf t!:e week. You know best, Sir, what is fittest to be 
done; it is our opinion that it ma\' be convenient for you to come up 
before Ivlonda)- tluit nou n^i) be r^^ady upon any occasion. Our friends 
at Doctors' Commons are of the same opinion, and tlrat immediately after 
cur answer is given in and read, you ought to appear by your Proctor 
befcre the Commissioners, to allege your interest, and plead your free- 
hold, as being elected, sworn, admitted, and in legal and actual possession 
of the place of President. However Serjeant Byrche ^ was of a contrary 
opinion: we have discoursed with him, and he thinks that you should, 
continue at the College. We intend tliis afiernoon to advise with Counsel 
about our answers, at which time I will ask th(:ir opinion about your 
coming up, as likewise your Instalment, aiid taking possession on Sunday, 
which Serjeant llyrche says can be no exception against you. We are 
commanded to b'-ing our Statutes on i\Ionday, and have therefore sent 
Ned Jackson down to you to bring up the Dean's Statute Books, that it 
may be in readiness if the Commissioners insist upon it. Pray, Sir, fail 
not to send us the best evidence you can get of Farmer's immoralities ; 
for as to Law, we must desire to be heard by Counsel, and, if desired, 
leave it to their Lordships' own consideration, but what we allege from 
our Oaths and Statutes we must be able to defend. A modest resolution 
(to use my Lord of ^^'inton's expression) to maintain our rights, and 
ju^dfy what we have done, is, I think, our province : the success we 
must leave to God Almighty. 

Sir, some of us will not fail to write constantly to you, and we shall be 
glad to receive your commands and directions. I heartily wish you 
health and prosperity, and am, Sir, with all sincerity, your most affec- 
tionate Servant, Charles Aldworth. 

(IViimofs Life 0/ Bishop LI 0 ugh, p. 342.) 

65. 

1687, June 13. Proceedings of the Commissioners. 

The Delegates appeared again before the Commiissioners, and the 
Lord Chancellor Jefferies said, ' M^". Vice-President, you desired time to 

^ Edward F.yrche, Sergeant at Law, Brother of D'. Hough's Mother. 



1687. 



AND KING JAMES II, 



55 



bring in your rinswer \vhy yon did not admit Tvl^. Farmer President of 
yonr College, — you have had time assigned you, now what is your 
ansvv'er?' 

I'hen I\Ti'. Vice-P) cedent delivered 'the answer in v/ridng to IM^. 
Bridgman^' It svas signed by live only of the Delegates, for D^.^'airfax 
did not consent to it, and therefore he desired their Lordships to hear 
him apart, and take his reasons why he could not subscribe to it. 

The Lord Chancello; answered, ' We did not cite Fairfax but the 
College. Let us first hear the answer of the College, and then you shall 
speak.' 

Then ]Mr. Bridgman read the following Answer", and the Deputies 
being withdrawn, the Lords Commissioners thought ht to put off the 
further consideration of the matter till the 22^^ instant at- ten o'clock 
in the morning, at v/hich time they were required to appear. 

(Impartial Relation and Johns ton I) 

66. 

1687, June 13. As above. 

{See No. 58.) 

Monday, June 13*^. L<^ Ch: asked whither our answer was redy? 
Vicepr: In obedience to yr Ldsps orders we haue drawn up our Answer 
in v\Titinir, & humbly Vnx it before }'^' I/lships. The Answer being red 
(which was signd hy all except 1)^. fairfax) D^. Fairfax desired to be 
heard. He first of all excepted ag^*^ y* deputacon from y^ Coll, as not 
being legal (under Seals I suppose) tho' himselfe had appeard before 
upon yt depatacon, & cen now pleded he was deputed as well as y^ 
rest, & equally to be heard [He excepted likewise y* we could not have a 
Copy of y«5 libel or Complaint, as y^ law directs in all 3'^ccles: pro- 
ceedings.] This dispute ran uery high, my L^ Ch saying he was a 
jNIadm '.n, & D^ Fairfax downright questioning y© jurisdiction of Court, 
yt it lay before AVestm: Ilall, & not before y^; insomuch as my L<i Ch: 
threatnd to commit him, & orderd him to withdraw. L^^ Ch: asking us 
ife we had an}- thing further to say, I answered. It was y© Sume of our 
Ansv,-er in reference to our oathe & Statt. If upon reding our Answer any 
question in poiat of law arose to y^ L<-^ships we prayd to be heard by our 
Counsel. So withdrew, hauing first delivred a Copy of our Statutes. 
After an hours time The Vicepr. was calld in alone, & askt whither there 
was any other Statutes besides those we had given in? Vicep: there are 
no other. L^ Ch., Are not your Statutes read every year, & are these all 
y^ are read? Vicepr., They are read ouer publickly once every year, & 
these are all yt are read. L^ Ch, Are there no statt. of y^ Bps of Winton ? 
Vicepr: There are some Injunctions of Bp. IMorley, & Bp. Cooper. 
Ld pra^s, Those are Siatutes, you are by your Siatt. to obserue his injunc- 
tions. Vicepr., in doubtfuU cases y® Visitor interprets, but if he enjoyns 
any thing contr: to Statute, we are sworn to reject it. 

^ M"". Briogman, Secretin y to ihc Conmiissioners. 
2 See 63. 



56 



MAGDALEN COLLEGE 



1687. 



L'^ Ch: Is any thing in those injunctions ab^' those elections? Not 
a word to the best of niy remeirilirance. l]''. Durham, doe take y© 
oath as tis in \^ Statutes expressly, or wiili such a Clause as this, viz. So 
for as il is not contr: to y^' laws of the land? Ans., expressly as in y© 
Statute, no otherwise. Ch, Is not }'our pres: obliged to be in 
orders ? Ans., The Statutes seeme to intend it, but no express Statute 
enjoyns it. L'l Ch, was not one Haddon presid^ ? Ans., He was put in 
yo last of Ed. Sixth, & before y® year went ab*, forct to quit for fear of 
being put out as an Intruder. 

We were orderd to attend Wednesday sennight to know yr Ld^P^^ 
plesure. 

67. 

16 37, June 13. At a Court iu the Council Chamber, 
Whitehall, at 4 in the afternoon. 

Present : 

The Lord Chancellor. The Bishop of Durham. 

The Lord President. The Bishop of Rochester. 

The Lord Chamberlain. Lord Chief justice Herbert. 

The Vice-President and Deputies of IMagdalen College attend with 
their answer signed by the Vice-President and Four of the College 
Fellows. The answer was read and they withdrew. 

IMi". Sol'icitor General, Sir Thomas Pinfold, 

I\I^. Serjeant Beldock, D^. Pledges, 

To consider of the matter, and of die Kings Power and Prerogative in 
this case. They are to attend on Wednesday sennight at lo in the 
morning, 

68. 

1687, June 13. The answer of the Vice-President and other 
Fellows of S^^ Mary Magdalen College, whoso names are 
hereunto subscribed, being deputed by the rest of the 
Fellows of the said College, to answer the Question pix)- 
posed by the Right Honourable and Right Heverend the 
Ifords Commissioners for Ecclesiastical Causes, &c. — ' V^^'hy 
they did not obey His Majesty's Letters, requiring them 
to elect and admit Mr. Anthony Farmer President of the 
said College?' 

The said Vice-President and other deputed Fellows answer and say 
that the said College of Saint Mary IMagdalen in Oxford is a Body Cor- 
porate governed b}' local Statutes, granted and confirmed to them by his 
iMaje--ty's Royal Predecessor, King Henry the Sixth, for him, his heirs 
and successors, nnder the great Seal of England, which are also since 
confirmed by several others Letters Patents of other his .Majesty's Royal 
Predecessors, under the great Seal of England. 

That by the Statutes of the said Co!!ege, to the observation of which 
each LehtAv is sno;n, it is ordered ih it tlie Person to be elected President 
thereof AuxiX be a num of good Life and Rep-utation, of approved under- 



1(387. 



yL\D KING JAMES IL 



57 



standing, and of good manners and temper, and discreet, provident, and 
ci^'cumspecf, both in si>iritiuil and temporal affairs. And at the time of 
the Election of a President the said T'ellov/s are bound by the said 
Statutes to take an Oath, that they shaJI nominate none to that ofiice but 
such as are or have been Fellows of the said College, or of Nev,- College 
in Oxford, and if they are not actually Fellows at the time of Flection, 
that they be such as have left their Fellowships, in tliose respective 
Colleges, upon creditable accounts. And when two qualified persons 
shall be nominated at the time of Election by the greater number of all 
the Fellows to the said office of President, the thirteen Seniors also sv;ear 
that they \vill elect one of them, whom in tl^eir consciences they think 
most proper and sufficient, most discreet, mobt useful, and best qualified 
for that place, without an)' regard to love, hatred, favour, or fear; and 
every Fellow when he is llrst admitted to his Fellov;sViip in the said 
College, swears that he will inviolably keep and observe all the Statutes 
and Ordinances of the College, and all and everything therein contained, 
so far a^ does, or Ujay, c< iK-ern him accordinL;; to the plain^ liccral, and 
grammatical sense and meaning thereof, and as nmch as in him lies v/iU 
cause the same to be kept and observed by others : and that lie will not 
procure any dispensation contrary to his afores<rid Oaths, or any part 
thereof, nor contrary to tlie Statutes and Ordinances to v. hich they relate, 
or any one of them, nor v.ill he endeavour that such disj.)ensation shall 
be procured by any other, or others, publickly or privately, directly or 
indirectly, and it' it sliil! iiai 'Men that any dispensation of this sort shall be 
procured, grantv.d, or ub..a:n'-d, of what autliority soever it be, whether in 
general or [)articular, or under what form of words whatsoever, it shall be 
granted, that he will neither make use of it, nor in any sort consent 
thereunto, all which se\cral oaths follow in express words at the end of 
this their ans^^■er. 

That upon notice of the death of D''. Clark, late President of the said 
College, the Vice-President called a jMeeting of the said Fellows in order 
to appoint a day for Election of a new President, and the thirteenth day 
of April last was the day prefi.'ved, with power to prorogue the same as 
they should see cause until the 15^^ day of the same month, beyond 
which time they could not Statutably defer their Election, and in pursu- 
ance thereof a Citadon or Prccmonition was fixed upon the Chapel-door 
01 the said College signifying the same, and by which the absent Fellows 
are summoned to repair home to the said Election, as the Statute in that 
case requires. 

And the said Vice-President, and other deputed Fellows further say 
that upon the eleventh day of the said month of April they received his 
Majesty's Letters requiring them to elect and adm.it the said IMr. x\nthony 
Farmer to be President of the said College, but forasmuch as the said 
Vice-President and the other Fellows ap})reiiended the right of Election 
to be in themselves, and did believe his Majesty never intended to dis- 
possess them of their rights, and forasmuch as the said Mr. Farmer had 
never been Fellow, either of Magdalen College, or of New College in 
Oxford, and had not those qualifications, which in and by the Statutes of 
the said C"olle-:e are reqiiire'l in tlie character of a Pre>ident, as they in 
their consciences did and do verily believe, and in regij-d they could not 



58 



MAGDALEN COLLEGE 



1687. 



comply with his IMajesly's Letters, without tlie violation of their oaths, 
and hazard ot" that legal interest and property, whereof they are by the 
said Statutes pos?e?st, and which by their oatlis they are bound to main- 
tidn ; they repres^^nted the same by their humble Petition to his IMajesty, 
and haviDL; deferred their Election of a President to the last day limited 
by their Statutes, they then proceeded to Election : and having first 
received the blessed Em:harist, and taken die said Oaths as the Statutes 
require, to choose a Person so qualihed as is before expressed, they did 
elect the Reverend John Plough, Bachelor in Divinity, and one of 
the Fellows of the said College, a person every way qualified to be their 
J^resi'lent, who has been since confirmed by the Lord Bishop of Win- 
chester their Visitor, as the Statutes of the said College direct. 

And that they might not lie under his IMajesty's dis]'lcasure by their 
proceedings, on the nineteenth day of tlie said month of April they made 
humble representations thereof to his JNLijesty, by his Grace the Duke of 
Ormond, Cijonccllor of the University of .Oxfoi d, setting forth their in- 
dispensable ol'li;:,uioi] to observe their Founder's Statutes. 

All v.hich matters the said Vice-Picsident. and other deputed F'^ellows, 
do humbly otTer to your Lordship's consideration, and pray to be dis- 
m 1.-5560 with your Lordships' favour. 

Charles Aldworth, Vice-President. 
John Smith, D.D. 
jMainwaring Hammond, B.D. 
Henry Dobson, Dean of A.rts. 
James Fayrer, i\[.A, 

{Johnston : see No. 69,) 

69. 

A second version of tho Answer {1^^. 68). 

The said Delegates say, for and in behalf of the said Vice-President 
and Fellows, that the said Saint I\Iary Magdalen College in Oxford, 
whereof they are members, is a Body Corporate governed by Local 
Statutes, granted and confirmed to them by his IMajesty's Royal Pre- 
decessor, King Henry the Sixth, for him, his heirs and successors, by his 
Letters Patent, under the great Seal of England, and since confirmed by 
several Letters Patent of his ]\Lajesty's Royal Progenitors. 

That the said Fellows of the said College by those Statutes are sworn 
to provide, that the person to be elected President thereof be a man of 
good hfe and reputation, of approved understanding and of good manners, 
and temperate and discreet, provident and circumspect both in Spiritual 
and Tem.poral atfairs, and that none be nominated to that office but such 
as are, or have been, Fellows of the said College, or of New College in 
Oxford, and if they are not actual Fellows at the time of Fdecdon, that 
they be such as left dieir Fellowships in the said respective Colleges 
upon credible accounts ; and that upon the vacancy of the said President- 
ship, all the Fellows of the said College, or the ]\Li,jor Part then present, 
shall widiin 15 days nominate two persons qualified to stand Candi- 
dates for the said office of President, and that thereupon the thirteen 
seniors of the Fello^^s of the said College do swear upon the Evangelists 



3C87. 



AND KING JAMES 11. 



59 



that they will elect one of tliera so nonniiated, whom in their consciences 
they think most proper, sutticient, and most discreet, most useful, and 
best qualified for the Place, v/ithout any regard to love, hatred, or favour, 
as in ihc said St.- lute is more largely expressed ; and every Fellow of the 
said College, when lie is admitted to his Fellowship, in like manner swears 
that he will not admit any dispensation contrary to his oath : and if any 
such dispensation shall be procured, and freely granted, under v^■hat form 
of words whatsoever it be granted, not to make use of it, or in any sort 
to consent thereunto. 

That upon the first notice of the death of D^". Clerk, the late President 
of the said College, the Vice-President called a jMeeting of the Fellows, 
in order to ap|)oint a day of Election of a President as aforesaid, and 
the thirteenth day of April last was the time appointed for the said 
Election, with power lo prorogue the same, as they should see cause 
until the fifteenth of the said month, beyond which time they were not 
authorized by their Statutes to }:)ro1ong the same, and in consequence of 
this appoiniment a cit.uioa was fixed to the door of the Cliapel to sum- 
mon the Fellows to repair to the said Election, as the Statutes and 
Customs of the said College in that case provide : that about this time 
they v,Tr<,: inf)rmed that Mr Anthony Farmer, who had never been 
P»low of their College, and was otherwise a Person of very ill fame, had 
obtained his ]\rajesiy's Letters ]\Iandatory to be President of the said 
College. 

And in regard th.cy could not comply with such Letters Mandatory, 
without the viobtiun of their oaths, and their Legal Literest and pro- 
perty invested in them by the said Statutes, they represented the same 
by their humble Pe'ition to his I\Iaje-ty, being thereunto encouraged by 
many gra-'ious ex^ sessions of his ^Majesty in his Royal Declaration, 
Vv'herein he is pleased to declare that no man's property shall be invaded. 
After three days attendance without any answer from his ^^lajesty to their 
humble Petition, the Delegates appointed for that purpose were neces- 
sitated to return to the College to prevent the inconveniency of a Lapse 
to the said Election; and finding that notwithstanding all their endeavours 
to prevent it, his Majesty was pleased to send his Letters INLandatory 
under his signet and sign manual, directed to the said Vice-President 
and Fellows of S^. Mary ALagdalen College, thereby requiring them to 
elect the said IM-. Farmer to be President of the said College, which said 
Letters were communicated to them on the eleventh of April last, they 
then perceived by the purport of them that his IMajesty had been advised 
by a mistaken suggestion, as they humbly conceived, that the said office 
of jNIagdalen College was in his ^lajesty's disposition, and therefore were 
grieved to hnd his I\bajesty deceived therein, because they could not 
comply therewith without breach of their Oaths, Statutes, and Laws, 
by which they are supported : and although in his Majesty's said Letters 
there were clauses of Dispensation with the Statutes of the College, yet 
they could not but observe, that if they had been at liberty by the said 
Statutes to have consented thereunto, they could not have been etfectual 
to them; and I'lat, as they are advised, no Letters of Dispensation with 
Statutes and consLituiior.s [arc issued] by Letters patent under the great 
Seal. 



6o 



MAGDALEN COLLEGE 



1687. 



Therefore havin<:^ deferred the Election of a President to the last day 
lirriite;] hy the Si.-.'.nies, in hopes to have received his Majesty's Re- 
commendation of .some qualifledi Person for that office, or a recalling of 
the saic Letters, and no such Recommendation or Ivesnmption appearing, 
they tiien, viz. on the fifteenth day of April last past, willi the solemnity 
required by their Statutes, procced'/d to the Election, and chose iMr. 
John Hough, JxD. one of their Eellows, and a person every way 
Cjua'iifiCi ! to be their i'resident, who is since confirmed in ijis Election by 
the Bishop of Winchester, as the Statutes of the College direct; he is 
therefore invented v/ith a Ereehold uri ler the Protection of his Majesty's 
LaVvS ; and that they might not suffer in his iMajesty's good opinion 
by these proceedin.gs, they made an hurnble re])resentation thereof to his 
jMajesty by the Chancellor of th.- I'ni .-ersity : and they do now again 
desire your Lordships to represent dieir case to his Majesty that they 
may net lie under his jMajesty's displeasure, upon any mistaken ap- 
prelierision whatsoever. 

And they ah-o lurr.bly otTer to yonr Lordships' consideration that his 
j\hijesiy's Letters even under the Gieat Seal (wiiich are of greatest force) 
v;hcn they are granted upon a mistaken suggestion, are frequently con- 
trov'jrted and vacuated in his INIajesiy's Courts at Westminster, without 
derogation to his IMajesty's prerogative, which can do no wrong to the 
properties of his ^Majesty's subjects, and they have observed the expression 
of Quantum ex nobis est frequently used in Letters Patent of greatest 
imp'^rtance, v. herein ni my are extant in the Registry of die University of 
Oxf«.)rd, made b}' his Majesty's Ko;\d Predecessors for the berxcfit thereof, 
since the tenth year of King Henry the Th.ird, to show the great caution 
used by the Ministers of the Crown, lest the King should be deceived, in 
such Letters and Grants. 

And moreover, they further hunibly offer that the Letters of his 
Majesty's Predecessors to the Colleges of Oxford in ancient times were 
only recommendatory without any claim of right, and they have ever 
observed that vdien his i\L'ijesty's Predecessors of later times have sent 
INiandatory Letters to any of the said Colleges for places which could not 
be conferred on the persons by the Statutes of such Colleges, upon 
representation thereof made, the same have not been pursued, or insisted 
on, or any imputation m.ade to such Colleges, for not complying there- 
with, tliongh they must hxmibly ofier to your Lordships that the actions 
of other men, departing from the laws and Statutes of their College, 
if any such have been, can be no Precedent or Inducement to them in 
the like errors. 

And they in the last place humbly represent to your Lordships that the 
matter of electing of a President of r\Ligdalen College is merely temporal, 
and in no sort of Ecclesiastical cognizance : and that in the Statute made 
in the sixteenth year of the Reign of his Majesty's Royal Father, King 
Charles the Eir^t, Entitled An act for the repeal of a branch of a Statute 
made in the first year of the late Queen Elizabeth, concerning Comimis- 
sions for Causes Ecclesiastical,' whereby the said branch is repealed, it is 
eiiacted that no new Court shall be erected, or ordained, or appointed 
within lhi.-5 realm, which shall, or may have, lil^e ];0wer, jurisdiction or 
authority as the High Commission Court then had, o': {)retended to have, 



1687. 



AND KING JAMES IL 



6l 



but that all and every such Commissions and Grants, and all Persons 
and Authoriiies granted, or pretended to be granted thereby, should 
be void and of none elTect, as in and by the said Statute more fully 
appears. 

(Impariial RelaIio?i.) 

1687, June 15. Extract from the Diary of Narcissus Luttrell. 

Magdalen College, in Oxford, appeared before the Ecclesiastical Com- 
missioners, and gave in an answer why they had not elected IMr. Fanner : 
and one D^". Fairfax was very bold there, for \^-hich he v.as severely 
reprimanded, and told he was fitter for a madhouse. 

71, 

1687, June 13. Proceedings of the Commissioners. Answer 

of the CoiiegQ. 

After the Reading of the ansvver D^. Fairfax said, — ' My Lords, I am a 
Fellow of S*^. Mary Magdalen College, as v/ell as any of these gentlemen; 
pray give me leave to give my reasons why I did not subscribe. 

' INIy Lord, dicre is a Statute of Hcnrv llie fifth, where it is provid.cd 
that in Ecclesiasdcal Courts there should be a Libel given to the i^irty 
appealed, that he may know what he is accused of. My Lords I desire 
this Libel, and do not know what I am called here for. I was to enquire 
of the Secretary for this Libel, but he v/ould give me none. The matter 
doth not lye in this Court but in Westminster Hall' — 

{Jmpartial Relaiion.) 

Before D^. Fairfax had spoken the Lord Chancellor Jefferies being in 
hopes he would submit, gave him leave to speak, saying, ' Ay, this looks 
like a man of sense, and a good subject, let us hear what he will say,* 
but finding his mistake, the Chancellor endeavoured to baffle his plea by 
telling him that he was Doctor of Divinity, but not of Law. To which 
the Doctor replied that he desired to know by what commission and 
authority they sat } This put Jefferies into such an excessive passion as 
made him cry out, ' Pray what commission have you to be so . impudent 
in Court? This man ought to be kept in a dark room. Why do you 
suffer him without a guardian 1 Why did you not bring him to me to beg 
him. Pray let the officers seize him.' 

I'hen tlie Fellows were ordered to withdraw, and after a whole liour's 
debate, the Vice-President was called in alone, and ordered to attend tiie 
Court with the rest of the deputed Fellows on Wednesday the 23'^ of the 
same month. 

{Cobbat.) 



62 



MAGDALEN COLLEGE 



1687. 



72. 

1637, Jnne 13, Dr. Aldworth' s IsTotes for an answer to the 
Commissioners. 

My Lord, 

We humbly conceive the election of our preside to rest wholy in the 
Collec(e : oar Statutes confirm'd b} i^eueral letters patents ])lainly shew this 
right, the founder has placd it tliere, the person elected is to be admitted 
by y^ Bp ofWinton extrajudiciah^er. ab.-que omni procrssu judiciario, etc, 
(fv' if y® !'[> refuse 5 days he is to all inients & purposes presid* even without 
yo Visitors confirmaCon, merel}- in uirtue of his election. The King neuer 
claim'd this election de jure, ^ His i^dat''-^ writing to y^ College to elect 
is an allowance of our right. Accord: to this rigl^t we haue made an 
election, & the per-on elected is in hill & entire possession, & we conceive 
has as good a right as any preside since y® foundaCon of y® College. 

]\ry L-^. 

As to i^.I^. F, I humbly conceive tis not so much a question ab^ our 
right to elect, as v/hither we haue shevv-ed y^ respect & duty to y^ Kings 
letter we ought to haue done. My Lord His Ma^y can not doubt of the 
loyalty of ]Madlyn College, & had his jMa't'^t-s recoihendacon of ^M^. F. been 
consistent with our oaths 1 doubt not yi"© v/ould haU'" been a ready com- 
pl\anre. The llrst Clause of Elcciors oath is to choose a fellow of 
INIagd, Coll. or N. Coll.: M^. F. was neither. In y^' next place, ^^ly L^-h, 
our Founder eiijoyns us to choose one of a good temper, & good 
manuLrs. I\Iy T'l, this is a tender point, I had rather sutTer in my 
own reputacon, then, do y^ least act to y^ prejudice of anodier man.? 
All y^ is required of us is to choose a person whom in our own con- 
sciences we thinke most fit, but if y^ I/isLips shall comand us we believe 
we can make it appear yt Mr. F. as to his morals is no way fit to be 
presid* of Maudlyn Coll. 

If it be requisite, giue in the paper, which we offer to their L^^ships not 
as a charge ag^t ]\lr p — ^ but to satisfye their L^^ships w^ motiues v/e 
had to belieue him not fit for the presid^ahip. 

If your IA->hips will please to consider the indispensable obligacon we 
lye under to obserue our Founders Statutes, cS: yt i\[r F — -was in our 
judgemta utterly incapable of y^ office, we hope we shall neither incurre 
the Kings displeasure, nor your lordships. There is no Societie has 
giuen greater testhnonies of their duty & loyalty to his Ma^y & his Royal 
predecessors in y^ most rebellious times, y" we haue done, & hope we 
shall not forfeit his royal fauor for not being in a capacity to obey him. 

As to my ov. n Vindicacon 

I lay under the same obligacon to obserue my founders Statutes 
with yQ rest of y® Society, & was of necessity to be concluded by the 
majority. By our Statutes 2 must ])e nominated hj all fellows or a 
major part of of tlio^e 2 one must be elected by y« 13 scn^, the person 
elected must be admitted & sworn by y® Visitor, it was no way in my 



1687. 



AND KING JAMES II. 



^3 



po'vver to stop proceedings, neither had I any inhibition from King to 
stop y"\ I read ys Ks letter general times, we gaue early notice to his 
Maty of ]v,ir. incapacity by our petition, we stayd y® utmost time in 
hope.; Dis Ma^v v/ould haue been graciously pleased to recomend a fit 
person, which we should gladly haue complyd with, we haue since repre- 
sented ye Case by our Chancellor, & omitted nothing yt was in our 
power to prevent any misapprehension his Ma^y migiit haue of our 
proceedings. 

If I am dismisst my Office on y^ acc<^, I humbly tbanke'his IMa^v, 
esteeming it a greater fauor, y^ to be obligd to act y""in contr: to my 
Oi^th & dut} . 

If these particulars haue not been so punctually obseru'd formerly ; 
yet ye Founders Statutes nevertheless were our rule to proceed by, & we 
are expressly sworn to observe no Custome (were y^® any) to y^ Contrary. 
Irregularities in former elections [are] no precedents for us, much less ag't 
wt is now regularly done, which is all at present we contend for. Our 
part to defend our oun election, n'^.t to ansv.cr former omissions which 
were inquirable & punishable l)y y^' local Visitor, complaint being made 
in due time. No Society can subsist, if euery irregular Case shall be a 
precedent more forcible y^ Statutes. Tis true we haue elected some- 
times without Scrutin), or oaths; but it has only been where the person 
recomended has been euery way qualifyd by Statute, & y^ Substance of 
y^ Oath obserued, in which case as y® manner of election we haue taken 
readi<,\-t ^':.\\ to coniply with his ?*Ia<'-6> plesure, & in y« same case 
should haue done so now. And we trust our readyness to comply v\-;tli 
his ]\Ia*'t>^ pleasure w^comanding anything agreeable to our Statutes will 
be no argument to force our consciences in m^atters directly contrary 
yrt^to. The manner of election by Scrutiny, or uiua uoce, not material, 
where y© person is such a one as y^- founder enjoyns as to elect. 

As io H addons Case. 

Tis true he was Admitted by vertue of y® Ks IManf.ate ult. Edw: Sexti, 
An: 1553, & was a Cambridge man. But we offer first, y* one single 
instance, 134 years Since, in troublesome times, can be no precedent for 
us to proceed contr: to y^ express letter of our Oath, & Statutes. 

2^y, y^ Haddon was a person of a uery eminent Character, as 
appears by the Coll. Register, & one whom they acknowledged worthy 
of much better preferm*, & only excepted to his incapacity as nener 
having been fellow of y^ Coll. or N. Coll., otherwise y*^ he was a person 
peculiarly qualifyd to perserue y^ peace & quiet of y® Cott, which our 
good founder is very tender off. s^y. yt New Oaths & Statt. were 
obtruded on y® Societe y^ year before Haddons election w^'^^ are since 
taken of, & we left to Act conformably to our Statutes. Lastly w^ other 
IMotiues they might haue then we know not, only we thinke ourselves 
were obliged to doe as we haue done : neither can we fear yt his Ma^y 
from such an example will take occasion to breake in upon either our 
rights, or consiences, who has always ex[)rest so tender a regard for both. 
It may be considered farther, There was no other person in possession 
then, as is now. 



64. 



MAGDALEN COLLEGE 



1687. 



c to D\ Clarkes Case. 

i^^. T'is not exprest in StatiUe (which is our rule) ye person to 
be ekcted shouM be in II: orders at y*^ time of election, only yt he be 
a dr in diuinity, etc. or ^I^" of Arts. 2^- because there arose some doubt 
ab^ it, he tooke orders after he was elected, v/hich was judgd sufficient 
by y- then Bi} of Winton Visitor of y^ Coll., who by y'^ Statutes is in- 
terpreter of all Ambiguities therein. Lastly very few of us concerned in d~ 
Clark's election. 

As to puhlicli fame. 

If F be injured, yet we are sworn to elect one whom in our con- 
siences we believe of a clcer reputacon, & such a one we can not thinke 
F, as we are informed. I desire not to Accuse him, t'is sufficient for 
me y* I have followed ye dictates of my Consience : & yet we have con- 
siderable evidences to prove this fame, & more upon subpoenas may 
appear. 

W^^ we gave our hands to his testimonials, I knew then no ill of him, nor 
had heard any, & y^efore thought my selfe obligd to sign his testimonials, 
Vvhich run usually Quantum nobis innotuit : and I am heartily sorry 
y* 1 cant give him y® same testimony now yt I did then. When he aims 
at a place of so great concern to our peace &: wcllfare, tis but reason v.-e 
should enquire w^ his temper life & conversacon has been If he Re- 
crimi'iates, w" calid to ansv.er wc assure our sel\-cs we shall prove his 
xVllcL^acODS false ; at present tis enough y^ v, e liave elected a px-esid'^ of an 
unblemi;-ht reputacon. 

We tliankfully own y't some of our selves were rccomended to 
Society by le^ler^.: Mandatory, but we were Scholars of y^ house, & quali- 
fyd in y^ judgem^ of y® Societie. 

As to prescription. 

Of 20 presid^' since y^ foundaeon it does not appear y* more y^ 3 or 
4 have been rccomended by y® K.s letters, and y^>' all (except Haddon) 
on no other acc^ y'^ as hauiiig been fellows of y<^ Colt, & born all y^ 
offices, & so every way qualif\-d to serve ^ bencfitt y® same. 

As toy Ks dispensacon. 

W^e are expressly disabled to adniit any such dispensacon by our Oath 
admitted fellows. Nor can we thinke y^ Kings dispensacon in fauor 
of Mr F, any dispensacon to us from Obsctuance of our Oath ^ Statt., to 
AA'hich we are so solemnly sworn. The founder Obliges sub pccna an- 
athematis et sub interminaone diuini judicis to observe his Statutes. 
Neither was it to be presumed the King intended to dispense with Vi^ 
Fs imoralities. 

Where our Statutes are totally nulld tv abrogated by y© law of the 
land, our Oath as to such p:irLieuI;.i,rs ceases. A bare di-<pensacon 
supposes y" Oath in force, -which whil^^i it is so, is indispensable. If this 



1687, 



AND KING JAMES //. 



be insisted on, we own ourselves members of y® Ch of Engl by law es- 
tabliflit. S:. intend by Gods irrace to live & dye in her Comunion. 

If we are nr;.:d with tiie d.iyly breach of oar oaths in other particiilars; 
We .Aiissvcr tlicre is a certain penaltie in most of our Statutes, which if 
the clehnquent submdts to, he is b}- y^ founders own interpreiacon of his 
oath excused from (or not intended to incurre) y® guilt of perjury. For 

present we were only sumon'd & deputed to answer to matters re- 
lating tu the Election. 

******** 
* * * * * * * * 

Queries to be Considered, Haue not the Ks letters, w^ sent to the Coll, 
euer been submitted to ? And was not Haddon, equally unqualifyd with 
F, elected in obedience y^'^'to ? Why we did not wait y*^ K.s pleasure ? 
If F : v. as so uicious, why was he neuer censured, or expelld? 

*>!:>:-***** 

We desire our Statute booke may be returned. Sc if any alteracons 
threatncd, vt je f^^i^ et Conclusio may be Considered. 

{Brayhrooke MS.) 

73. 

1CS7, Jure 22. Further proceedings of tho Commissioners. 

The Vice-President and Deputies of S^-. IMary Magdalen College in 
Oxford attend before the Commissioners, and are asked \^hether they 
had any thhig else to offer by way of answer. Upon which they gave in 
a paper containing an account of several misdemeanors committed by 
Mr. Anthony Farmer, which being read, the Lords ordered that M^*. 
Farmer should have a copy of the said Paper, and appointed to hear 
him upon it at the next meeting, requiring some of the Fellows of the 
said Codege to attend at the same time. 

{/o/i?Js/on, p. 34.) 

Tke Felloivs reasons why ihy did not elect Mr, Farmer. 
Whereas the Vice-President and other deputed Fellows of S*. Mary 
Magdalen-College in Oxford have in their answer to your Lordships set 
forth that by the Statutes of the said College it is orderd, that the 
Person to btj elected President thereof should be a man of good Life and 
Reputation, and of good manners and temper; and hkewise that M^ 
Anthony Farmer has not those quahfications which in and by the said 
Statutes are required in the character of a President, as they in their 
consciences did and do verily believe : they humbly crave leave to repre- 
sent to your Lordships some of those reasons which induced them to 
such belief, viz. : 

That Farmer did mdsbehave himself in Trinity College in Cam- 
bridge, that he received admonition from the iMaster of the College in 
order to his expulsion, whicli adiuonition remains in the Register of the 
said College under his own hand. 

F 



66 



MAGDALEN COLLEGE 



1687. 



That having left Cambridge he taught School at Chippenham in 
Wiltshire iir.d::i- a Nonconformist iMinister without licence. 

T};:it in SciJiemh-er 1683 the said ''}^J. Fanner was entered at S*. iMary 
"^Magdalen Hall in Oxford, where such frequo'nt coTripIainrs were brought 
against him to tlie Principal for liis troublesome hun"iOur and unquiet 
temper that to preserve the peace of the Society he v,-as desired to leave 
the s:^id Hall. 

I'hat after his leaving IMagdalen Hall he was admitted into ^^.Tagdalen 
College, where discoursing about religion he declared thdt there was no 
Protestant bur would cut the King's tliroat: notwithstanding which, at 
otl er times ho declared to some of tlie Fellows of the said College, that 
whatsoever he pretended, he was really a IMember of the Church of 
England, and that he made an interest with some Roman Catholics only 
to get preferment by their means, and for that reason was willing to be 
thought of their religion. 

That at the very time when his ^.lajesty's Letter came to the College 
in his behalf t!ie said ^df". Farmer \\-as at Abington in very ill company, 
where he contirmed drinking to excess tw^o or three days and nights 
together, and among-t odier disorders >.vas one of those that then in the 
n-ght threw ihe Town-stocks into the river; and that in general the said 
Farmer has had the unhappiness to lie under an ill fame as to his life 
and conversation, as by several letters and certificates ready to be pro- 
duced, will more largely appear. 

{Ini[mrtial Rdafion.) 
1687, Jn ae 2?.. The President took his Degree of D.D. 

74. 

1687, June 22. Proceedings of the Commissioners. 
(.SV^ No. 58). 

L'^. Ch. INT". VicepresidV v^'e understand you have som.ething farther tcl 
offer to y® Court. 

Vicep. IMy We humbly desire these papers may be considerd by 
yr L<l^ps, they contein no new matter, but only explain something we 
give in before for L^^ps salisfiiction. (At y<^ same time I gave m y© 
papers relating to Isl^. F's Morals.) 

L'^. Ch: ^- L . pres: Very well, read 'em. 

M^. Bridgeman hauing read the abstract & certificates at large, I 
added : — My L^l, I am sorry, we are forct to produce these papers : t'is not 
cur aesire to m.^ddle with any nians reputacon, but though ourselves 
highly concernd to satistye y^ king & y^ L*-^i^P"^ we could not in con- 
sience elect a person of such a temuer, & such morals. 

Z"^. Ch. W'iih.lraw. 

After hake an hour we were calkl in. 

Z'^. Ch. Mr. Vicepr, Their D^^p" have considerd of your Answers, and 
will not let you goe away under a mistake. They set here in a double 
capacity (as your cil:ii~on might have informed you) both as Comission"^ for 
eccles. causes, & its V isitors of y*- \'ni\ersiiy. Their \A-\-> have tiiought 
fit to declare the election of 2vl^ Plough to be uoid, & y^ he be removed. 



1687. 



AND KING JAMES II. 



67 



Mr. Vicepr, Their Ld-r--- for ycur contempt & disobedience to King 
have 3Uo].*;iuLd y^u iiowx y vl-^.-pr'-'P: tliey hove likewise set a.marke of 
} * displesuie on I)^.. F.iirfax whonie they have suspended from his fellow- 
ship. Withdravv. D". S nith movd for ye Statute booke, w^h T,vas orderd 
to be cleliverd accordingly. 

75. 

1687, June 22. Extract from Bishop Cartwright's Diary. 

June 22. 'I visited F. P. (Father Petre) at Whitehall, and after heard 
the ?\hagdalcn College business decided before the Commissioners, whose 
sentence Vv-as that the Vice-President sliould be suspended from his 
office, and D^. Fairfax from his Fellowship, and the President's Place 
declared void : before which was given in ihe blackest character of jM^. 
Farmer, for whom they received the King's mandate, that any modest 
m.an v.'ould bhish to hear, and any one on this side to be found guilty of 
it. D^". Johnston (Author of the Vindication, &c.) dined with me.' 

76. 

1687, Jiiiie 1:2. The Lords Commissioners made the following 

Order. 

Whereas it appears unto us that VJ. John Hough, Bachellor in 
Divinity, lias been unduly elected President of S^. ]Mary I^Jagdalen 
College in the University of Oxford, we have thought fit, upon mature 
consideration thereof, that the said Electioa be declared void, and that 
the said M^. John Plough be amoved from the said Presidentship ; and 
accordingly we do hereby declare, pronounce, and amove the said M^. 
John Hough from the place of President of the said College. 

Given under our Seal the 22'^ of June, 1687. 

{Johrishn.) 

77. 

At the same Court the following Order was also made. 

Vrhereas Charles Aldworth, Doctor of Lav.-s, Vice-President of S^. 
Mary INIagdalen College in the University of Oxford, and the Deputies 
of the Fellows of the same, have been convened before us, for their con- 
tempt in not obeying his Majesty's Letters mandatory for electing and 
admitting ivp. Anthony Farmer President of that College ; and the said 
Dr. Aldworth and Deputies having been heard thereupon, we have 
thought it fit to declare, pronounce, and decree, that the said D^". Ciiarles 
Aldworth shall for the said contemipt be suspended from being A'ice- 
President of the said College, and also that Henry Fairfax, Doctor of 
Divinity, one of the Fellows of the said College, shall for the said con- 
tempt be suspended from his F'ellowship ; and accordingly we do hereby 
suspend the said Dr. Crarles Aldv/orth from being Vice-President of 
the said College, and the said D^. Flenry Fairfax from his Fellowship in 
the said College. Given under our Seal ibc 22'^ day of June, 1687. 

[JohnslGH.) 

F 2 



68 



MAGDALEN COLLEGE 



1687. 



78. 

1687, .Tune 22. The Commisoicncrs also issued the following 
Oi'dei for t'le publication of their former decrees. 

Wliereas ^ye have thought fit to declare, pronounce, and decree, that 
the Election made by you of JM^. John Hough, Bachelor of Divinity, to 
be Prt^sident of S-. Alary IMagdalcn College in the University of Oxford 
is void, and to amove the said John Hough from the place of 
President of thv: said College : anrl whereas we have thought fit to 
su^:j)end D^^. Ch;^rlcs Aldwonh froni being Vice-President of the same, 
and Di. Heniy Fairfax from his Feliowship in the said College, we do 
hereby enjoin and require you to cause our Orders, vacating the said 
Election, and suspending the said IJ^". Aldworth and D^. Fairfax, copies 
of which Orders under our Seal are hereunto annexed, to be affixed on 
the gates of the said College, to c'ld that due notice may be taken of 
the same. And yua are to certify n-. under your hands and seals of the 
due execution of wiiat is hereby required. 

Given under our Seal the 2 2'1 day of June, 1687. 

Superscribe'l ' 'J'o the Fellows of S^. IMary IMagdalen College in the 
University of Oxford.' 

{^Johnstoti.^ 

79. 

Orders of tho Commissionors. 

=k * * * * -Jt * 

******* 

These decrees for uacating IsV. J, Hough's election, k for suspending 
d^. Ch Aldrd from being Vicepr, & d". Hen Fairfax from his feUow^P 
were brought to y^ Coll by Atterbury on y« 24th of June, w^ith an In- 
strum* under y^ Comiss'"^ Seal directing to y® fellows in general, & 
requiring y^^ to execute y^ s'^ decrees, & to signifie their execution under 
their Coinon Seal, which fellows refuseing, Mr. Atterbury himselfe by 
order of y© Comiss^^ fixd em on y® Coll Gate on y© 2^ of August 
following. 

{Endorsed : — )The decrees for Vacating IMr. Hough's election, & sus- 
pending, the Vicepr. & Di", Fairfax. 

80. 

1687, June 23. Proceedings of the Commissioners. 

{See N«. 58). 

Ab* 2 a Clock M^. Bridgman acquainted me & D^. Smith, yt their 
Ldsps had allowed tinie to Mi". F till fryday sennight to clear himselfe if he 
thought fit, & had orderd some of us to attend ye same day with the 
original Certificates. 

The same day 5 afternoon, IM^. Bridgman deliverd into mv hands y® 
Statute booke. S: shewd me y^ decrees for vacating ye election, & sus- 
pendmg S: I'airlax. they were directed to y^ Wlows of y^ College, 
& sent away yt evning by ?»[^ Atterbury. 



AND KING JAMES IT. 



69 



{EpJr.rsed : — ) Breillat of proceedings before Comiss^"^ at London 

bee Hi}' acc'^^ to y- ijp o; '\ \ iiiu'jji, 

81. 

1687, June 24, IM"". Thomas Atterbury, the King's Messenger, had 
been sent with these Ortiers to the College. He states in a Letter, dated 
June i'4^^i, that he canie thither on that day, and enquired for D^". 
Pudsey. who, as he understood, was Senior Fellow in residence, and 
finding him he told him that he was di'-ected by the Lords Com- 
iip'-sio.icrs to apply to him as Senior PYliow ; and desired him to call a 
meeting of the rest of the Fellows that he might deliver to them the 
orders from the said Lords. D'". Pudsey rephed, that he did not act as 
Senior PVIIovn-, having been elected a P)ursar of the College, but that he 
would endeavour to gLl an answer at five oclock, as soon as Prayers 
were over. I^)nt at th-i time he told h;m that he had no power to call a 
fleeting of liie F> 111' v.-^. r .'■ ulil ];o (^ - it in any way, for so long as 
there was a Pre.-ident in tb.e Ccu'lege. the Fellows had no power to act. — 
As there were tv;o or tljree Fellows with the Doctor, one of them asked 
lsl^\ Attcr'.ur} if he m-ight see the Orders, to which I^J^. Atterbury 
ansv\-ered, that if he and T)"^. Pudsey and the rest of the Fellows would 
receive them, he would deliver the Orders to them, but he would not 
read them. Then he showed them the Indorsement, that the Orders 
were direcv?d to them, and olTered to deliver them up to them. Put 
thvy refused to receive them saying thai they had no audioriiy to call a 
College Meeting, nor iiad any power to do so, and therefore it was not 
proper for them to receive the said Orders — and then when he desired 
them to tell him if thut was their final answer, they said •' Yes.' So he 
told Dr. Pudsey that he must give a speedy answer to the Register, Mi". 
Bridgman ; and accordingly sends him this account, adding moreover 
that the Doctor treated him very civily, and invited him to dine with 
them wl'ile he stayed in Oxford. 

[Johnslon.) 

82. 

16 G7, June 27. Copies of Letters and Certificates delivered to 
the Lords COianiissioners for Ecclesiastical affairs. 

1. I, Anthony Farmer, Bachelor of Arts, and Scholar of this College, do 
confess that I have behaved myself very unlike a Member of this College, 
and even as a Christian, at the Dancing School : For which I humbly 
ask pardon, and do acknowledge before the Seniority that I have de- 
servedly received of the iNIaster my first admionition in order to expulsion. 
Trinity College, Cambridge, June 11, 1678. Anthony Farmer. 

This is a true cop\ of Anthony Farmer s Admonition, attested by 
us, whose names are here underwritten. 

Flumplirey Babbington, 
John Hawkins, 
Benjamm rur!.f} n, 
John Laughton, 



Vice-MaG-ist. Denut. 



70 



MAGDALEN COLLEGE 



1687. 



II. These are to certify tliat IsV. Anthony Farmer was Usher to 
IMr. i-ienjaiiiii] Fiower, a Non-corifoiinixt Preaclier in the Tov;n of 
Cliippenhani in the County of Wilis, for the space of hah" a year or 
upwards, t'iie SL.'d ]Mr Flower keeping School v.ithont licence from the 
l^ishop, and the said ls[y. P^armer continuing his Usher for the time 
mentioned without any licence also. 

William Lake, Vicar. 
William Loude. 
William Gale. 

III. Anthony Farmer was entred of IMary I'uagdalen Hall in 
Oxferd, Sep , i, 1683; where after he had been some time, frequent 
complaints were brought to me by some of the Masters, that he raised 
quarrels and differences amongst them : — that he often occasioned dis- 
turbances, and was of a troublesome and unpeaceable humour. \\"here- 
upon, that love arid friendship might be preserved and continued in the 
Society, as it used to be, I a'.lvised the said M^", Farmer to make trial if 
lie could live U'.orc easiiv and quieil}- in Svjrne other Huu^e. Accordi^igly 
he did voluntarily leave the Hall, July 13^^, 1685, and got himself ad- 
r'jitted into Magdalen College. 

William Levet, Principal. 

IV. I do certify that AP". Wilhani Pambrigg, Gentleman Commoner 
of iNLagdalen Hall, Oxford, did say, that M^. Anthony Farmer, Master of 
Arts, did entice l.'im from his studies in the University to go to London, 
\diere he, the said IM^'. Farmer, did attempt to draw die said i\F\ Bani- 
biigg into several debaucheries both at Taverns and Bav/dy houses. 
Witness my hand. 

John Ryland, Master of Arts of IMagdalen Hall. 

V. I do cerdfie that I\Ir. Bandorigg, Gentleman Commoner of ^lag- 
dalen Hall did say, that IMr. Anthony Farmer, i\Iaster of Arts of the 
said Hall, did receive money of him and other gentlemen publickly to 
expose unto them a naked woman ; which he did accordingly. Witness 
my hand. 

June 15, 16S7. Richard Clerk, Master of Arts of Magdalen Hall. 

VI. I am very willing to justify any thing I have formerly said, 
relating to so serious a matter as this is you enquire after. M^". Farmer 
one niglu in the cloister asked me why I did not get a Commission. 
I told him truly I had not friends to do it for me. He then asked me 
w-hat I would do for one. I told him I would fight for my King, and 
whatsoever he should command me. He then asked me if I would fight 
for the King's religion. I told him there would be no occasion for that, 
nor would it ever be rec|uirr"i of me. Fie asked me of what religion I 
was. I told him a Protestant, and then he said, there was no Protestant 
but would cut the King's throat, and that he should lose three thousand 
pounds for being of that religion he intended to be off which he said 
was a Papist's. This to the best of my remembrance is the full (account) 
of what he said. If I have omitted any thing it is (from) my care not 
to write m(,;rc than I would hnrestlv and justly swear to, 

I am, Sir, your mo>t obliged and bumble Scrvjn:, John Brabourne, 
June 9, 16S7. 



1-387. 



AND KING JAMES II. 



71 



VII. In or about January lasl, 1687, ^fi'. Antimony ]\irmer declared 
before us that tlie leport of lis being a Pa]-)i^t was fabe ; but that he was 
wilbiig to be t]ioi''jht so. kcnii^c it might do him a kindi^oss, I'hat tiie 
rca - ai o"hi< . ( -lin Mi'ce wiili IM^". BiiMit^ and ]\R Walker - was to get 
prefcrnuTit ]\v their interest. 7'hat he had not forsaken the Protestant 
Religir.n, adding tirat we should call him rogue if ever he did. Thnt he 
M-ould JKit make any public declaration of this, but Vsould declare it 
amongst friends, when and where he pleased. 

Henry Dr,b-on. 

James Faj/rer. 

1 homas Goodwyn. 

VIII. I do hereby certifie that Robert Gardner, Porter of S*. Mary 
Magdalen College, did tell me diat ]\R Farmer did very often come into 
the College late at night so much in d;ink, that he could scarce go or 
speak. 

\ViLness nay hand this 17^1 of June, 1687. George Fulham. 

IX. Upon Monday, April the tlnrd, Farmer came to 'the Lobster' 
in Abingdon with M'*. Clerk, M^. Gravener. and ]\Ir. I'ennyfar ^, about 
ei^'.ht in the morning, aT.di stayed some time in the house, and went from 
thence to 'the Taveiii ; ' — returned again about eleven at night, and sat 
up till one in the morning. The next day they went to ' the Eush- 
Ta\ern,' nnd sent for a quarter of Lamb for their supper, and there 

I'eiiner. C'l-.rk, ]Mr, Gravener; and two troopers, and others, 
c<jnt!iiued I'll |)a-: eleven at nigiit, and so returned lo the I'oresaid place, 
and sat up till j-ast three in the morning. This I do assert was the 
company that the said Anthony Farmer kept, and these were the un- 
seasonable hours. In witness whereof I am ready to swear whenever a 
subpoena shall be sent to me. George Mortimer. 

X. Mistress ^lortimer is ready to assert that when ]Mr. Anthony Farmer 
came to ' the Lob-ter ' about eleven at night he came much concerned in 
drink, md was for Kissing the said IM^^^ ^Mortimer, wduch he being a 
stranger she permitted him to do ; but in doing so the said iNR Anthony 
Farmer put his tongue in her mouth, which was such a rudeness, that 
she immediately went out of his company and would not come nigh 
him am inore. 

Martha Mortimer. 

XL Being in com.pany with William Flopkins of Abingdon the 12^'^^ 
of June last, 1687, I heard him declare that himself, v. ith one Farmer 
of the University of Oxford, and some others, did in a frolic at an un- 
seasonable timie of night, take away the Town-Stocks from die pLii:e 
where they constantly stood, and carried them in a cart a considerable 
way, and threw them into a Pool, commonly called ^lad llall's Pool. 
Witness my liand tlio da} and year above written. 

Charles Peacock. 

' Hnraphrey Brent of St. John's, M.A. 1674. 

- Obadiah V/aikt-r r^i l.'nlvcf'-iiv Colletre. M:i>rer. 

- Muse:. Gravener of M.^:c<b:cn Hall, ~M.A. 1676. Ahd Cierke of ^lagdalen Col- 
lege, M.A, 16S6. San:uei Tcuefar of Magdaien Colle-c, M.A. 



72 



MAGDALEN COLLEGE 



16S7. 



These Papers bein^n;- delivered irilo Courl, the College was ordered to 
Uxcai, s. lii^h die} did oUhitieiid}-, H.jr thev proved as much more 
agninst him, even such things as are not fu to be heard or spoken. 

83. 

16 S7, July 1, M^. Farmer's Answers to the allegations 
against him. 

Vl\ Anthony P'armer gave in his answers to the complaints exhibited 
against him by die Fellows of ^Magdalen College, which were read, and 
the Court made an order to hear the matter at their next Meedng, 
when all parties concerned were required to attend, and that coni- 
pulscries should be granted to both sides for witnesses. 

{Johnston, p. 38.) 

In answer to and confutation of all the Allegations made against him, 
W^". Farmer offered to the Honourable Court the following Defence. 

I. That the said Vice-President and the Fellows of the said College, 
finding all sh-fts and allegations too weak to justify their disobedience to 
his IMajesty's Royal IMandate for electing and admitting the said jM''. 
F'armer to be their President, have falsely and maliciously contrived 
these several allegations against his good life and conversation, on pur- 
pose, not onh' to dofanie the said ^d^". Farmer, but consequently all others 
who have appeared on his behalf, and v;ho have recommended him as 
a person fitly qualified for his Majesty's fiivour. To every of which 
defamations, and false and malicious allegations, the said ^ly. Farmer 
thus answereth. 

As to the first Article, the Respondent answers, and is ready to prove, 
that the Vice-President and Fellows being publickly demanded at the 
time of the Election, whether they had anything to object against his 
good life and manners, or could assign any mi-demeanour against him, 
the said Vice-President answered that there was nothing of that nature 
assigned, or insisted on, which is a clear proof that the pretended allega- 
tions were contrived after the FZlection of IM^. Hough. 

To the second Article the Respondent answers, that about nine years 
since he crowded into a Dancing Room at Cambridge against the 
Dancing- IMaster's consent, on whose complaint the said M^. Farmer 
received Admonition, and was enjoined to make such an acknowledge- 
ment as hath been produced against him : and such admonitions and 
acknowledgements are frequent in that College, and that was the first 
and only one that ever he receivetl or made, and was then not esteemed 
a fault of so high a nature as to bar him the Testimonial of the College, 
which he receive 1 several years afterwards, under the College-Seal, 
subscribed by George Chamberlain, Vice-President, i\P\ Clement Nevil, 
and divers others, who recommended him to be ordained Deacon : and 
the said Testimonial the Respondent dodi exhibit v/ith the Registry of 
this Honoural)le Court, which he hopes their Lordships vvill be pleased to 
take as a satisfictor}- answer. 

To the tiiird Aiticle W. Farmer saith tkat he did nor teach School as 



I88Y. 



AND KING JAMES 11. 



73 



an Usher to IM^". Flower, but he being thr^n v\-ith his Father at CTnpyenhani, 
where iNb". Flov er tauqlit School, the said -M/. Flower being his Kin>man, 
and then si k, h :: was prevailed upon at his Father's request to teach the 
sai'' Schoc''. di-ing \\-^^ said idower's sickness, which he did i^ratis 
for the space of four or five months, not knowing that the said Nv^, Flower 
was a non-licenced School-niasier. 

To the fourth Article he saith that he very well remembers that there 
were m;,ny diiierenccs and contests between him and several ^Masters of 
I\[agdalen Hall, wliich was occasioned, as he conceives, Ity the envy and 
apprehension the ]M;.sLers had lest he should gain the tuition and care 
of m.my f.ui 'il^. b /iuL^ solicited thereunto b}' the Principal. So that for 
his ovvn Sake and qiULt he was as desircius to quit the Hall, as tliey were 
to ha\e him quit : v.hich clearly demionstrates that these contests were 
not occasioned l)y any uneasy or di-^orderly humour of the said M^. 
Farmr.'r, the PrifKipal, IX Levet, giving him a Bene. Dccessit, at his 
parting tl^ence ; an>i even in the Certificate exhibited into the Court, under 
the hand, of tk.esaid 1)^ Lev/.u it dotri not appear that he did ac cuse ham of 
any misdemeanour, nor did he advise him, as is herein pretended, to 
leave the said Hall. That M^'. Farmer being with several of the Fellows 
of i\r igdo.lcn Coliegr, wl.o vv-ere sensible of the abuses he sutTered at the 
said 11 all, they Merc \eiy importunate in their invitations to have him 
enter himself at that College, which he accordingly did ; and hopes this 
Honourable Court will esteem this as a full answer, and confutation of 
these calumnious ac ri'-i'i; -i;s. 

To the fiftli Arti^dv. lie saith, that he doth utterly deny the same to l)e 
true, in any part thereof, save that tliere was a discourse that some 
officers in my Lord i^'tcrborough's Regiment were displaced for drinking 
a disloyal hea th at mv Lord Lovelace's house, which the Certifier, Vj. 
Brabourne anal AI^. Farmer discour.-ing of, iSR Farmer said, if ever there 
was occasion such discarded officers he believed would sooner fight 
against the King than for him ; and what is certified by AI^. Dobson, 
I\P'. fXvrer, and JM^. Goodwin, as to his pretending to be a Roman 
Catholic, in hopes of preferment : this seems very inconsistent with the 
former Certificate ; and that he never did pretend any such thing will 
appear by AK Brent's and AR Walker s certificate, unto which the 
P^espondent refers himself, nor did lie ever make application to either oi 
them under such pretevices, which being considered with the character of 
Brabourne, the other Certifier, he hopes this Flonourable Court will 
discharge him from the ignominy of this Article, 

To the sixth Arncle, the Respondent doth deny the same to be true in 
any part thereof, for that he was not at Abingdon at the time the Kings 
J.Lmdate was exhibited to the Vice-President, nor for several days before 
or since, nor when tlie Stocks were thrown into the pool, all which he 
doubts not of disproving by certificates and witnesses now in Court. 

To the seventh Article, the Respondent refers himself to the Censure 
of all sober and unprejudiced persons, and what his character was with 
these accusers before their disobedience he refers to their own testimonials, 
from Mhence it may be inferred that v/hatever other person had been 
recommended to tib'm bv his Majt'-iy \\v would have found the same 
nieasure as the Respondent hatii, viz. to be certiiied out of his reputation 



74 



MAGDALEN COLLEGE 



1687. 



and his life too, if these false certificate? might }:)revail, which he hopes 
this IIov;oiiraL-Ie Ccuri v ill take into consideration. 

What remains is to show tliat the Vice-President and Fellows by 
gatheri:ig together these false certificates endeavour to possess this 
Honourable Court with an ill opinion of him the said Respondent, 
thereby utterly to incapacitate him of his IMajcsty's favour, without 
any regard to common honesty or Christian charity, there appearing 
no datCb to the said certihcates. 

In answer to the rest of the Certificates viz. IMr. I\^-land, M^. Clarke, 
George and ]\Iartha ]Mortimer, and ]Mr. Fulham, v,hich may be reduced 
to three heads : — 

First, that the said P^irmer did invite one Ibmbridge to London, 
to spend his money in Taverns and Bawdy-houses. 

Secondly, that being at Abingdon he kept unseasonable hours, and 
behaved himself imniodestly. 

Thirdly, that he often came home to his College late at night, • and 
much in drin!;. 

In answer to which the Respondent humbly answereth, 

First. As to the first. It is an hearsay only certified by Rj'land, 
and M^. Clark, two of his professed enemies, and is absolutely false, he 
never being but once at London with W. Rambridge, and how often 
he was then in his company he refers to the Certificate of j\R. Heath 
and IMr. Buckwill. 

Sccoi'^iy. lO the second Article grounded on iMortimer's and his 
wife's ccrtificaics it is strongly to be presumed that Mortimicr and his 
wife were by flattery, promises, and indirect means, prevailed upon to 
sign such certificates : tlie most retlecting contents of which they disown. 

Tliirdiy. As to the third Article, grounded on Mr. Fulham's certificate, 
it is an hearsay, and may be presumed to be malitious, by what the 
Porter hath declared since. 

All which forementioned Articles, as VJ. Farmer hath disproved them 
by authentic certificates and witnesses, he is moreover ready to confirm 
the whole contents of the answer, by his own oath, and the oaths of 
several credible persons, upon doing whereof he humbly prays this 
Honourable Court will forbid any further libels against his good name 
and reputation, and declares his innocency as to the Allegations already 
exhibited. 

Anthony Farmer. 

{Impariial Relation^ 

84. 

1687, July 1. Letter to the President from Thomas Lndford, 

Fellow'. Pall Mall. 

Sir, I believe you are as impatient to hear of the success of this day, 
as we were to see it over. Their Lordships put on a calmness above our 
expectation, and though we could not depend on their favour, yet they 

' Thomrio I.L<:!bn!, D-my 167^-1^x2. FJirnv !6S2-ir;,A7. In Anstey Church, co. 
Vv'ra--.v i'.k, is n flat -.one with tno l.''Uf-.\vinf,'- !n;scri|'ti(.tn : — Thomas I-iK'foo.l. Ft;IIovv of 
Magdalen College, Oxford, departe'i this life the isl cf -S.'ptember, anno 1637. 



1087. 



AND KING JAMES If. 



o-ave us no great assurances of llieir future displeasure. JMr* Farmer was 
iiisL calLd in lo i;ive his answer^ which was drawn up in tacked 
s'chedulcs lilic his ia-t and Testament. Afterwards it was enquired 
whether tliere were any to appear on behalf of the College, upon which. 
D^. Smith and myselt in decent formality came in, a,nd the Chancellor 
began to this elTect, 'that it had been already made manifest that we had 
disobeyed the King in refusing his Letters in behalf of jM^. Antliony 
Farmer, and to make good the Plea we had urged several certilicales 
against the behaviour of ^I^. Farmer, but Reputation was a very tender 
Plea, and ought to be touched with caution, and it was expected that as 
Mr. Farmer was to give his answer to his character, so v/e must give a 
very good confirmation of what was already alledged, and to satisfy all 
people his answer should be made as public as his Impeachment.' 
Upon which ^1^. liridgeman was ordered to read his Reply, in which he 
first in general told their Lordships ' that the character was false, scan- 
dalous, and malicions, and designed not only to deprive him of his 
]\Lijest}-'s present favour, but etcrnal'y to exclude him from his future : 
that first, it was true he made some acknowledgement at Cambridge for a 
small crim-e, which v\'a3 only violently crowding into a Dancing-School, an 
ordinary thing there ; and upon complaint he made a submission for 
quietness-sake, but th.cy gave him their Boie Decessit (I think their Tes- 
timonials for Deacon's Orders), — that he was no Usher to an unlicenced 
fanatic Schoolmaster, but upon tlie sickness of the I\Paster, who I think 
he said was a kinsman, he did officiate for him for a small time : — tliat 
at j\Pagdalen Hall Ryland and I\P". Randolph envied and maligned 
him, fearing he should get the Pupils of the Hall from them, and that 
]\P". Fayrer, being sensible of their scurvy behaviour to him, invited him 
into the College :— that he was as willing to go as they desired, and yet 
Mr. Principal gave him hkewise his Bene Decessit; — that the story of IsV. 
Bainbridge was only hear-say, and consequently no j)roof, and besides, a 
vile scandal ; that when his Mandate came, he was not at Abingdon, 
nor after; — that 'SV\ Vicep. said he knew nothing of him at the Election, 
and that all these Libels were amassed together after the Election.' In 
short it was as bold a Denial as ever was heard of the whole matter. 
I cannot recount the particulars : every one was so peremptory a denial 
that I ahnost lost one, while I admired the impudence of the former. 

My Lord, as well as a Barrister, talked upon the whole, and said that 
his Reply was full ; and therefore, because their Lordships would have a 
fair hearing and righteous decrees, we must make what we had alleged 
good. It was all we could wish, and D^. Smith told his Lordshif) that 
we were there to attend, and desired, if his Lordship would put it upon 
that issue, that we might have time allowed, and the authority, and we 
would subpoena the evidences. liis Lordship said that all proofs were 
secundiun aJIcga'a el probata, and that the fairest way would be face to 
face on both sides, for IM^. Farmer had certificates and witnesses ready; 
but ray Lord said that was no proof. D^. Brice desired, because of the 
distance and expencc of bringing up witnesses, that they might be 
exam.ined upon Cummission; but their Lordships will have all before 
. ihem, and_ ord-^red ihi> Aw (i.e. IVidn)') month tor their appearance. It 
is hoped that care will be taken to niamtain the witnesses, and secure 



76 



MAGDALEN COLLEGE 



1687. 



tliem from subornation. There was nothing said in relation to Atter- 
bury. I i^iilJ \sisu I h.icl beguii on larger paper, for I must here break 
off, having no more room left than to assure you of the services of all, 
imd of }Our n^ost dutiful. 

T. Ludford. . 
{JViImofs IJfe of IJough, p. 344.) 

85. 

16S7, July 1. The Commissioners send out citatious to various 
witnesses to givo testimony iu the case of MJ. Anthony 
r'armcr in the following form. 

You and either of you are hereby required to cite and summon James 
Fayrer, Master of Arts of j^.Iagdalen College etc, to appear personally 
before us in the Council Chamber on Friday, the 29th day of July 
instant, at four of the clock in the atlernoon, then and there by virtue of 
this Cita'ion, as witnesses, to give their testimonies in the matter depend- 
ing before us, betwixt the Fellovs of S^. iMary r>Iagdelen C-olIege in 
Oxford and one M^. Anthony Farmer, under pain of the law and con- 
tempt thereof And of the due executions hereof you are to certify us 
the d,iy and }-ear aforesaid, together with these presents. Given under 
our Seal the First day of July, 16S7. 

On the same day, July 1^^ their Lordships, having been in- 
formed that their foresaid Order of Juno 22'' had not been 
obeyed, ordered the following Citation. 

Wherea :'; we thought fit by our Order of the 22^^ of June last to enjoin 
and require the Fellows of S^. jMary ]Magdalen College in the Universit}'- 
of Oxford to cause our Orders for the vacating the Election made by 
them of ]M^. John Hough to be President of the said College, and for 
suspending D^. Charles Akhvorth from being Vice-President, and D^*. 
Henry Fairfax from his Fellowship in the same, to be affixed on the 
gates of the said College ; and whereas we are given to understand that 
our said Order hath not been obeyed by the said Fellows, you and either 
of you are hereby required to cite and summon the said Fellows of S^. 
Mary iNIagdalen Colk-ge, requiring them to appear before us in the 
C'ouncil Civamber at Whitehall, upon Friday the 29th instant, at Four in 
the afternoon, to answer the said contempt ; and of the due execution 
hereof, you are to certify us then and there. Given under our Seal the 
first day of July, 16S7. 

(Both these do' uments are superscribed to Thomas Atterbury and 
Robert Eddows or either of them.) 

{Johnston.) 

86. 

1687, July 13. Letter from John Smith to D^". Aldworth. 

July 13, 87. 

D. I\R Vice P. 

I heartily tlianke ) 0u for your kind klor. Tom L. v.-ent out of tovvn 
presently upon his return otherwise, doubtlesse he had not failed }ou. 



1087. 



AND KING JAMES IL 



11 



Upon my coming home I found Atterbnry here, his bnsinesse v/as to Cite 
cvo> rcilo'.,- ■;: ^: r.r acroi^nt on y« 20*^1 why they did not 

execute y*^ decrees. Some noise & little disputes were raised about this 
before v.e c ;>uld come to a settled resolution, and this hindred our re- 
turning ye names of y® persons to be subpoena d so soon as it ought to 
be done, but now I thinke we are pretty well agreed on both particulars. 

persons Cited with 2 w^'^i I sent in a second leter to D^. Newton are 
29 in number, I\Iich. Rawlins of Abington & Viner of Foxcomb Hill 
& Ch : Tea are newly added to contirm Abington businesse, -M^. ruUen 
to confirm y© Principles evidence & one Harwood to back Bambrigges, 
Farmer has been tantpering with him &; tis feared we shall hardly tind 
him out to get him up, M'". Latimer Crosse of Wadham & JM^. Will. 
Hall of Lincoln Colt are added to confirm y® businesse of his being usher 
to a Nonconformist. If you see D^. Newton I pray confer notes with liim : 
I think I have not forgot any but one — Ely an under Officer to Captain 
Peacocke. In y^ other particular we are come to this resolution to draw 
up a reply to Farmers Ansv;er, to have ii con firmed by our evidence 
Article by Article 2. to give a short Answer why they did not execute y^ 
decrees, & to draw up a fuller one out of ye Finis et Conclusio Statuto- 
rum, why they can not. I have got H. PL to transcribe all y^ concerns 
this mater out of Statute & to send it up to Dr, Price & D^. Newton, 
whom we must intreat to draw up something to same purpose, & desire 
you likewise to spend your thoughts upon this Subject, for this is y® last 
push I belieue \sQ can giue. After this we design a petition to his 
Majesty contriuing a Summary of our proceedings. I. wi^li v/e had a 
good Actuary to draw this respectiuely &: home. Our next care is for 
money and in case other ways faile we thinke of pawning some plate. I 
pray let us keep our design to ourselues as much as possibly we can 
without being Shy of one another. This is all but humble Service & hearty 
wishes to y® common cause from 

Sr. Obhged humble Servant, 

John Smith. 

My hearty Service and thanks to j\R Auditor for his noble and 
frequent entertainments : to morrow I go to Wood eaton to see my L*^. 
F. and some other strangers there, & intend to be backe sometime next 
week. I pray hasten to town to mind this businesse. I belieue Dr. Bailey 
will be our Leading Delegate next time, I will do my endeavour to get 
two of them up y® next weeke. 

(Braybrooke MS) 

87. 

1687, July 18. During the interval before the Fellows could 
appear again before the Lords Commissioners, the King 
being probably made aware that the customary Election- 
time for Fellows and Demies would fall soon after the 22"^ 
of July issued the following inhibitory Mandate to the 
Fellows of Saint Mary Magdalen College. 

James R. Trusty and Wcll-beioved, we greet you well. Whereas 
we are informed that a Sentence or Decree lately made by our Com- 



78 



MAGDALEN COLLEGE 



1687. 



missioners for Ecclesiastical affair.s, tonching an Election in that College 
hath no*; been obo} ed, our will and pleasure is that no Election or 
Admission be nr-dtj of any person, or persons whatsoever, to any 
Fello .vshij^.', Uen or other place or office in our said College, until 

we shall signify our further pleasure, any Statute, Custom, or Constitution 
to the contrary nothv. ithstanding ; and so expecting your ready obe- 
dience herein we bid your farewell. 

Given at our Court at Windsor the iS^^^ d?-y of July, 16S7. In the 
third year of our Reign. By his Majesty's Command. Sunderland P. 

[Suf crscn'f'cd : — ) I'o cur trusty and well beloved the Fellov, s of S^. 
Mary I\b.gdL.L-n College in our University of Oxford. 

John si on?) 

(Notwithstanding this ]\bmdate Henry Ilolden, who had been elected 
Probationer in the furmer year, 1686, was admitted actual Fellow at the 
usual time on or soon after the 22 ^ uf July. ) 

Di". Eouoliiers opinion on the King's Inhibition. 

I am of opinion that his i\lajesty's connviands ought to be obeyed, and 
that they do not come within the word Dispensation in the Fellows 
Oaths, and ihat this forbearance ought to be no prejudice to the Pro- 
bationers otherwise nov\' to be admitted. Thomas Bouchier. 

{Inipariial ReIafio7i.) 

88. 

1687, July 29. Proceedings of the Commissioners. 

The next Court vvas held the 20^^-^ day of July, at which time T do not 
find that the Fellov.s of S^. Mary Magdalen College did exhibit their 
answer why they obeyed not the Order of the Lords Comm.issioners on 
the 22^ of June, nor that their Lordships required it, but I find in the 
Register an order to afllx the Sentence on the College Gates by the 
King's Messengers. {Johnslon) 

Hunt however states that the College did appear by its Delegates, but 
tbey were dismissed by the Court without any thing being said to them. 

(L/imfs MS. p. 33.) 

89. 

1687, July 29. Order by his Majesty's Commissioners. 

Whereas we have thought fit to declare, pronounce, and decree, that 
the Election made of M^'. John Hough, Bachelor in Divinity, to be 
President of St. ]Mary IMagdalen College in the University of Oxford is 
void, and to amove the said M^". John Plough from the Place of Pre- 
sident of the said College : and whereas we have also thought fit to 
suspend D^". Charks Aldworth from being Vice-President of the same, 
and D^. Plenry Fairi"ax from his Fellowsliip in the said College, you and 
either of you are hereby required to cause oar orders, vacating the said 
Election, and suspending the said D'*. 3ldvv-orth and Dr. Fairfax (copies 
of which under our Seal are hereunto annexed) to be aftixed on the 
gates of the said College, to the end that due notice may be taken of the 



1687. 



AND KING JAMES II. 



79 



same ; and of the due exccntion hereof you nre to certify unto us at the 
r-crt Crrcivt. Giv'^n v.nder onr Seal this ?o^^ day of Julv, 1687. 

To Thomas A .tcibury and E.obert Eddovvs, or either of them. 

( Johnsiony, 

90. 

The same day. 

On the same day, July 29. Ni^. xVnthony Farmer was heard upon the 
complaint exhibited a:;ai-.ist him by Magdalen College. I find nothing 
more relating to him entered in the Reidster, tlierefore since the inform- 
ation against fiim. a i d liis defence are to be reckoned among the 
Atiaiiata, as the Civilians stile them, and are noways material to the 
discussing or clearing the authority of his Majesty or the Lords Com- 
missioners I shall wholly omit any account of them, and proceed to 
what was done in the Court. i^Jo/instofi.) 

91. 

1687, Jnly 31. Letter from W. Sherwin to T. Turner. 

(This is the ist of a number of News-Letters, which appear to have 
been written to D^^. Tiiomas Turner (Brother of Francis, Bishop of Ely, 
and President of Corpus Christi College Oxford) in the following year 
16S8, and most of them indited by William Sherwin^, Father of William 
SnerNvin, one ut the D^-ir-les of this time. The originals are in the 
archives of Corpus Christi College, and ha^ e been printed in the Account 
of the Proceedings &c. in Vol. XII. of Cobbett's State Trials. No. 355, 
col. 92.) 

1687, July 31. Sir, though it is very likely that you Vvdll have a 
better account from London of the Magdalen College Proceedings before 
the Commissioners on Friday last than Vvhat I shall give you, yet I 
would not omit letting you know what came to the College by a Person 
they eiaployed on purpose. iMy Lord Ciiancellor heard all their 
evidence against P\"irmer very calmly, and when some of the managers 
of his side would have produced something by way of criminating, he 
told them that he would hear nothing, unless they could by any sub- 
stantial proof invalidate ;aiy thing that had been said : upon which one 
Brockwell-, formerly of iMagdalen Hall, and as very a rascal as any in 
the Bunch, swore directly against what a gentleman had before sworn; — 
but my Lord Chancellor gave him a sharp reproof, and it is thought 
that he will have something more, to say to him. What was made out 
against Farmer was so scandalous that Obadiah (Walker) and his other 
friends being in the Court could not say one word, the evidence of the 
College being most of them people of good report. The conclusion was 
tliat my Lord Chancellor told Farmer that that Court looked on him as 
a very bad man, and the College do believe that they are fully discharged 

^ William Sherwin was one of the. University Bedells. On the soiith wall of the 
church of S'. Peter's in the East is, or was, a monument to J/r. ir. S'ii:^ -iuy}i, a Becdcl 
of this University. Dyed Af-ril r i, 1 7 1 S, a-^.:d 8.^. He was a Barber and Yeoman 
Bedell. 

' Charles Brockwell, Ma-da!en Ha'l, B.A. 16S4. 



8o 



MAGDALEN COLLEGE 



1687. 



of him. Oa Friday next they are to ansv. er why they did not all appear 
according to the Citation. D^. Bernard has broucrht another letter to 
the Coileg(^, and ihc}' have admitted him. Our Bishop lives at Cud- 
d( sdon, but the Clergy do not very much resort to his house. iM^. Davies 
gives you his service. All your friends in the College are well. D^. 
Fairfax continues still at London. Sir, I am your obedient Servant 

William Sherwin. 
To the Rev. IX Thomas Turner at Ely House in Holborn. 

92. 

1387, Aug. 5. The Deputies of the Fellows attend the Court, 
and give in the following Answer in w^riting why they did 
not obey the Order of tho 22'i of June. 

The Fellows of S^. Mary JMagdalen College in Oxford, whose names 
are hereunto subscribed, deputed by the rest of the Fellov/s of the said 
College, make answer to ih-: Ci'.ation of the Riiiht Honourable the Lords 
Commissioners of Eccksiasdc^l <iffairs &e, that: they, on behalf of them- 
selves and the rest by whom they are deputed, do humbly conceive that 
the Order mentioned in the said Citation was not legally served upon 
them, for that D^. Alexander Pudsey only was desired by the Messenger 
to call a j\Ieeting of the Fellows to publish the said Order, vhich he 
declared he could not do, for that he was Bursar of the said College, and 
had no aut^:orii\- to do the same, nor was the said Order particularly 
directed tu hnn but to the Fellows in general, as the iNIessenger there 
declared; and when one of the Fellovv-s desired of the Messenger to have 
it read, the said Messenger refused it, sax imj, that his directions were to 
communicate it lo the Fellows at a I\h'eting, whereas the said I'\'ilows 
cannot meet together till they are siatutabiy called. Saving which 
declaration of the said Messenger the Respondents were wholly ignorant 
of the Contents of the said Order until the foremientioncd Citation of the 
first of July was served upon them. And that in the ordinary course of 
Aaw all decrees and orders of Court are served and executed by the 
Ministers and Officers of the said Courts, but not by any person or 
persons upon or against themselves, as they conceive the present case is. 

Alexander Pudsey, 

Thomas Bayley, 

Thomas Ludford. 

Aug. 5. The Deputies of the Fellows having given in the above- 
mentioned answer, after it had been read, were dismissed. 

[Johfision.) 

93. 

1687, Aug. 5. At a Court in tho Council Chamber, Whitehall. 

Present : 

The Lord Chancellor. The Bishop of Rochester. 

The Lord President. Lord Chief Justice hierbert. 

The Lord Chamberlain. 
The Syndickes of the Fellows of S^. Mary r^LigdaU-n College, attend 
and give in their answer, which was read. They are dismissed. 



1687. 



AND KING JAMES II. 



81 



94. 

1637, Auf,ust 8. Letter sent to I)''. Fairfax. 

Sir, the first news I heard of the fixing the Decrees of the Com- 
missioners on tlie Gates of the College was very snrprising, for consider- 
ing tliat OP. Friday before they had been convinced of the infamous Hfe 
of Ml'. Farmer, it svas admired thar on Tuesday after a Sentence of sus- 
pension should be published against the Vice-Pt esident, and you, for a 
contempt in not complying with the Kings Letter in his Election, when 
those, IhaL are not pariial in it, acknowledge that the King was deceived 
and abused in the grant of it. The vacating the President's }/iace 
without hearing is of the like nature. I hear he is advised to stay in 
the College, and exercise the Functions of his Place without taking 
notice of the Sentence: and thar all the Fellows are resolved to adhere 
to what they have done, and if a ?vlandnmus comes for the Election of a 
neuT^resident to make a ]:i:ni' 1;- 1 ' ■'presentation to the King tliat the choice 
of President upon the death of l--'^. Gierke was a trust incumbent upon 
theni by the Statutes, which upon the pain of Perjury they were obliged 
to perform, aiid that they have executed that trust with the greatest 
solemnity that can be required for the perfection of any human acuon ; 
and the President is thereby invested with a Freehold under the Pro- 
tection of his IMajesty's Laws, which they cannot impeach, and which in 
duty to God and th.ir consciences, and the Rights of die College, they 
are obliged so far as in tliem lies to maintain ; and I believe this to be 
true, for since all dieir sulterings have been derived to them for a con- 
scientious observaiion of their Statutes, the same obligation is still 
cogent to oblige their perseverance therein. D''. Bayley and his Col- 
ieagiates bt-haved thern.-elves with great prudence in their conduct here. 
The Commissioners were gladder than they to come off fairly wdth them. 
They are men of spirit and consciences. It is said that the President 
is so just to himself and the Fellows as to do nothing without their 
advice, and I suppose you will follow that method, for if you continue in 
unity, nothing can hurt you. Your adversaries may think a light thing 
to suppress one or two single men, but to evacuate a whole College will 
be too scandalous to be attempted. It seems that the Commissioners 
have adjourned tlieir Court to the 6^^ of October next, svhich will give 
you a good breathing time whatever happens. And the approach ot 
the Term, which will be within a fortnight after the meeting, may make 
them cautious of what they act. Excommunication is a long Process, 
more terrible in name than in power. It seems that on friday Dr. Price 
was going from the Council- Chamber when I\R Charnock challenged 
him, and he complained of it to the Commissioners, but tliey had 
adjourned before he came. Yet my Lord Chamberlain was so ineen.^ed 
at h, because it was in the King's House, that he commanded him to be 
apprehended, but he got away ; and a Warrant is made to apprehend 
him if he can be found, so that for a timie you are rid of b.im. Farewell. 



{[rip<iriial Rdation) 



MA GDA LEN COLLEGE 



1687. 



95. 

1687, August 14, The King's MaDdato for a new President. 

Anthony Farpier has disappeared from the scene, and is heard of no 
more; but 'the King/ states Johnston, 'being willing to place such a 
President over the College, as by the character he bore in the Church, 
being Bishop of the Diocess, nrlght be an honour to the Society, was 
graciously pleased to grant the following ^Mandate : — 

James R. Trusty and well beloved, we greet you well. Whereas the 
place of President of that our CcJlege of S^. ^Fary Magdalen is now void, 
our will and pleasure is, and we do hereby authorize and require you 
forthwith, upon receipt hereof, to admit the Right Reverend Father in 
God, SamueP, Lord Phshop of Oxford, in the sriid, place as President, to 
hold and enjoy the same, with the rights, privileges, profits, emoluniencs, 
and advantages thereunto belonging, any Statute or Statutes, Custom or 
Constitution to the contrary in any wise notwithstanding, w^herewith we 
are grjiciou-l}' pleased to, and do at'cordiivd)' I i-eby dispense herein. 
We bid you farewell. Given at our Court at Windsor the 14^^^ day of 
August, 1687. in the third year of our reign. By his i>Iajesty's Com- 
mand. Sunderland P. 

Siiperscrih' d : — To our trusty and well beloved the Senior Fellow of S^. 
JMary jMagdaien College in our University of Oxford, or in his absence 
to the Senior Fellow residing there, and to the rest of the Fellows of the 
said College. 

Note. ' Idiat tljis i\Landate was sent after the hearing ofjMr. Farmer's 
Cause befort. the Lord's Comnii.-sioners, whose accusation is printed in a 
late Book" without his reply, on purpose to vindicate the proceedings of 
the Electors of D^. Hough, but since there was no juridical Sentence 
upon it, and the stress of the case lies not upon his qualifications I shall 
pass it by/ 

96. 

1687, August 21. Lord Sunderland sends the following Letter 
from Bath to the Senior Fellow of Magdalen College. 

Sir, the King having been pleased by his Letter jMandatory to require 
the Fellows of St. IMary IMagdalen College to admit my Lord Bi.-hop of 
Oxford President of that College, his iNLijesty commands me to let you 
know, that immediately upon receipt hereof he would have you assemble 
the Fellows, and communicate to them his Majesty's said Letters, and I 
am further commanded — to tell you that his IMajesty expects ready 
obedience to be paid to his pleasure herein, and 1 desire you will send 
me an account of your proceedings as soon as you can, that I may 
acquaint his M;ijesty with it. I am. Sir, your atlectionate friend and 
servant. Sunderland P. 

To the Senior Fellow of S^. Mary IMagdalen College. 

Johnston^ 

(This did not reach the College till the 27^11 of August.) 



* Samuel Parker. 



^ Second edition of the [inpartial Relation. 



1087. 



AND KING JAMES II. 



83 



97. 

A boat the same time tho Bishop of Oxford wrote to the Senior 
FeDow the following: — 

Sir, You will receive herewith his iMajesty's IMandate to admit me 
President of the College of S''^. iMary rvlagdalen in Oxford, together with 
a Letter of my Lord Sunderland, piir^>iiant to his Majesty's CommaiuL 
I am indisposed, as I have been for some time, and not in a condition as 
yet to travel, and therefore my request to you is, that, upon receipt of the 
King's pleasure, you would do me the favour to admit me by proxy, that 
is, either the next Senior Fellow under your self, resident, or either of my 
Cliaplains, William Wickins\ or M^. Thomas Collins, whom I depute 
in my stead, Vr'hich is as valid in law, as if I were present myself, and is 
the most usual customary practice : and by so doing you will oblige, Sir, 
your very loving hiend and Brother, Samuel Oxon. 

{Johrisfon.) 

OS. 

1GS7, August 28. Pudsey returns the following answer to 
Lord Sunderland. 

I\Iay it please your Lordship. Upon Saturday the 27^11 of August last 
at night I received his jMajesty's Letter Mandatory together with your 
Lord.diip's, in h.ehnlf of the Rigiit Reverend Father in God, Samuel 
Lord Bisiiop of Oxf:)rd; vrhich I the next morning communicated to the 
Fellows, and read tliem in the Chapel with all deference to his Majesty 
and your Lordship. The answer that was given to me was that they 
humbly conceived the place of the President to be full : and because your 
Lordship requires an account of the proceedings of the Society in this 
matter, I send their own words unanimously agreed upon, and in com- 
pliance to your Lordship with all celerity of despatch. Isly request is 
thnt your Lordship would accept of this Letter with candour, and favour- 
ably interpret it as to the point of Obedience, and that I may have the 
honour of being accounted your Lordship's most faithful and most 
humble Servant, Alexander Pudsey. iMagdaien College, Oxford Aug. 
28. 1687. 

Subscribed to the Right Honourable the Earl of Sunderland, Principal 
Secretary of State. 

{Johnsfoji.) 

99. 

On the same day D"". Pudsey wrote to Bishop Parker as 

follows : — 

My Lord. I have perused your Lordship's Letter and in obedience to 
his Majesty have read his Letter Mandatory, and my Lord Sunderland's 
Letter pursuant to the same business in the Chapel before the Society 
this morning. 1 asked the Fellows how they would proceed in this 
n^atter of concernrnent, and vvhat answer I was to return to my Lord 

^ Of Emanuel College, Cambn<]ge. 
G 2 



84 



MAGDALEN COLLEGE 



IGSl 



Sunderland's by the Messenger. They replied unanimously that the 
r]a'_e of -'dentsliip \viis full, and that they could not admit any 

other into tli- Pl.iec. This, my Lord, is the matter of fact, and so I 
rcmair vol r I, ..^rd ship's most humble Servant, Alexander Pudsey. Mag- 
dalen College. August 28^^ 1687. 

i^Johnshn) 

100. 

As above. 

***** 4«- * 

Di. Pudsey sen fellow relurnd (by letter from himselfe only to my L^. 
Sund:) y® fellows Ansv/er; viz. that y^ place of presid*. was full, etc. 
(Endorsed)— Lies for Bi' of Oxf. 

{Braylrooke MS.) 

101. 

1687, Sept. 4. The King at Oxford. 
GeTitIem>m Oxford, SeJ>t 4^'^. 1687. 

The King Coinands me to acquaint you, that He would haue you 
attend Plim in y^ Deans lodgings in Ch Colledge at three of Clock 
this afternoon. 

I am Gentlemen Y'' IMo^t Plumbic Seruant 

Sunderland P. 

To y® fellows of ]\Iagd. Colledge. 

{Broyhrooh MS) 

102, 

The same. 

On the following day, Sunday, Sept. 4, Lord Sunderland sent an Order 
to the Felh^ws of S^. ■NIarv Mat^daleu Colieee to attend the Kins^ at Christ 
Church at three o'clock in the afternoon. {Linpartial Relation,) 

Wood states, * after dinner twenty one Fellows of I^dagdalen College 
v ent to h-m according to summons about three of the clock. Dr. P'udsey 
being at tiie head of them, and making his appearance in the Presence 
Chamber, the King bid him come hither — he came hither, then said he, 
Are you D^. Pudsey ? Yes, if it please your INIajesty. Then the King 
fell foul upon them : — reprimanded them very severely. D^. Pudsey 
offered several times (to speak) but the King prohibited him. He bid 
them go to their Chapel, and elect the Bishop of Oxford : whereupon 
they did go, but could not elect him. (^\'ooc^s Diary?) 

The account^ given in the ^ Lmpariial Kelation^ 2^ Ed. p. 22, is : — 

The King. What is your name ? Are you D^. Pudsey ? 

D"^, Pudsey. Yes, may it please your Majesty. 

^ Among^st the MSS. of Countess Cowper at \Vest Park, Bedfordshire, is one con- 
tainintr -an .account of the Intunieu- bd'Aten Kiri:;- James It and the Ftilows of 
'Magdalen College, 4 Sept. 16.S7. (^llijic>-i<al J/SS. 'Cc!>Li:.i.;:i^n. Second Report, 
p. S.) 



AND KING JAMES II, 



85 



The King, Did you receive my Letter ? 

7ne Aj'fig. Then ycc. liave not dealt wilh rxie like gentleinen. You 
h.ive done very iineix ily and undiiiifal!}-. . — here tliey all kneeled, and 
D"^. Pudsoy offered a Petition, which his Majesty refused to receive, and 
said, ' Ye have been a ptnhliorn, tarl)ulent Collcq-e. I have known you to 
be ';o tlK'S(^ and tweiity years. You have atlronted me in this. Is t'lis 
your Ciiuieh of i^nickind Loyalty? One wonki wonder to find so many 
Church of England men in such a business. Go home and show your- 
selves good members of the Church of Englarid. Get you gone, know I 
am you I' King. I v.ill be obeyed ; and I command you to be gone. Go 
and admit the Bishop of Oxford, Head, Principal, what do you call it, of 
the CoHcge ? (one, who stood by, said, President) I mean President of 
the College. Let them that refuse it look to it : they shall feel the weight 
of their Soverei^m's di^;)lcasure. 

The l'\ linv.-s going out of the Lodgings were called back. 

yZv King. I hear v.,\r yeai have admitted a Fellow of the College, 
since you received my inhibition. Is this true ? PLave vou not admitted 
Mr. I-Ioldcn Fellow? 

IT. PaJscy. I ihink he was admitted Fellow, but we conceive — 

iV. Cralock. IMay it please your Majesty. There was no new 
Election or Admission since your ]\L"ijcsty's Inhibition, but only the con- 
sumniation of a former Election. (They always elect to one year's 
Prr^ba'-'on, then rhe Per.^on elected is received or ejected for ever.) 

The Kuig. he Consummation of a Former Election! It was down- 
right disobedience, and it is -a fresh aggravation. Get you gone home, 
I say again, go. get 30U gone, and immediately repair to your Cluipel, 
and elect the Bishop of Oxford, or else you must expect to feel the 
weight of my hand. (The Fellows offered again their Petition on their 
knees.) Get you gone, 1 will receive nothing from you, till you have 
obeyed me and admitted the Bishop of Oxford. 

103. 

The same. 

(An Acc<;. of wfc ye K said to y^ fellows of Magd Coll Oxon Sept 4*^^ 
1687. at Chr. Church, betw 3 & 4 Afternoon.) 
K. Wts yr name ? Arn't you d^ Pudsey ? 
D\ P. Yes, may it please y^ Majty. 
K. Did you receiue my Ire ? 
JJ. P. Yes may it please etc we did. 

K. Then I must tell you ^ y^ rest of y^ fellows y* you have beliaved 
y'selues undutifully to me, & not like Gentlemen : you have not payd 
me coiTion respect: you have always been a stubborn & turbulent Coll., 
I have known you to be so these six and twenty years myselfe ; you 
have affronted me, know I am. yr K, k I will be obeyd. Is this y^ 
Ch. of En;;L Lo}^aUv ? One v.-ould wonder to see so many Ch. of Engl, 
men got together in such a thing. Goe back & shew yfselues good 
members of y*^ Ch. of England. (Here all kneeHng, . Pudsey offerd a 



86 



MAGDALEN COLLEGE 



1087. 



petition, which ye K. refused, saying) The hearin:^ ^ nothing from yoUj 
ge:c >ou ^uii^:, I cOiV^.^iic! } ou be gene, c;oc and admit Bp. of O. Head, 
principal, or v,t Hoe call hirn (one y'^ stood by said presid^.) as presid*. 
of y^ Coll, let >^'^ y'- refuse it looke to it Goe obey me or yen shall 
feel ys weight of y^ Soveraigns displesure. 

The fellows being gone out of y® deans lodgeings were recalld. 

K. I hear you have admitted a fellow since my Ire, is it not soe? have 
you not admitted IMr. Holden fellow ? was it not since m.y Ire ? 

]\E. Charn. Yes & please y^ Maj^y it was after y^y had receiud y^ 
inhibition. 

D". P. Yes I thinke it was. 

Crad. May it please "f jMaty, it was only a Consumacon of a 
former election. 

A". A Consumacon, dont tell me, tis an aggrauacon. I calld you 
again only to let you know, yt its a fresh instance of y^ disobedience to 
me. Get you gone home, lie see w^ Ch. of I']ngl. men you are. I 
comatid you, goe, get you gone, ^.md iiTu' liateiv n_'p;iir to y^ cha})pell, & 
call yr fellows together, & elect me y«^ of O. forthwith, or else y® 
shill know w^. it is to feel y^ weight of a Ks hand. (Here y® feliov/s 
offerd }^ p' titiori again on y^ knees.) Rise and get you gone, lie 
receiue nothing from you, I wont hear a v/ord till you have went & 
obeyd me. 

Then all fellows withdrew, And in obcd. to his IMa^ies Comands 
imediately re}".ur'd :o y'' Cha}> same day betw 4 & 5, k. gave y^ follow- 
ing Ans\:ers, attested by a publ : notary. 

D^. John Smith saith, That he is as ready to obey his Maj^. CoiTiands 
in all things y't' lye in his power as any other of His Maj^. Suc-jects 
v.^soeuer ; but he apprehends it to be contr. to his Founders Statt. & y® 
Oaths which he hath taken to elect y*^ Right Reu : father in God y^ L^. 
Bp. of Oxf presid^ of iMagd. Coll., and y'^'^'fore it does not lye in his power. 

D^. Staff., Hamond. Rogers, Strickl, Bayley, Dauis, Bagshaw, 

Fayrer, Hunt,, Crad, Gihnan, l^cningston. Hyd.', Yerbury, Holt, Thornton, 
Holden, Weelks, agree witli d''. Smiths answei 

Mi*. Dobsons sayes. He is ready to obey His Ma^y to y® utmost of his 
power in y© election of y® Bp. of Oxf J\Ir. Rob Charnock sayes, He is 
ready to obey His IMa't''^'? orders in electing y^ Bp. of Oxf. presid* of Magd 
Coll. D^". Pudsey sayes, yt he does agree with y® rest of the Society. 
These Answers were taken by a publ : Notary, & carried iniediately to 
my preside by 

'{Brayhrooke MS.) 

104, 

1687, Sept. 4. 1)^. Hough being absent at the time of the Con- 
ference given in N'^^ 102-3, D^". John Smith sends the follow- 
ing account to him. 

Mr. President, at three this afternoon (Sept. 4) we appeared before the 
King by virtue of a ciiatior] from my Lord Sundeii-ind. His ivlajesty 



^ Tbis is unintellif;iblc. 



1087. 



AND KING JAMES J I. 



87 



was very severe with us-, told us ^ligrDy that v,'e had not only been un- 
(jiiL.iui. inji uiiiiiiUiiieii} . Willi i.iiii iiuui thic bcL;'i 'ihiup';, and sail! we liad 
not behaved cuf^elves lil^e gentlemen, or Church-of-Engiand men; that 
lie had k;iown us for a lefraelory sort of peo{)Ie these twenty six vears, — 
bid us go home, and fordiwith choose the ]-5ishop of Oxford. I'hen D^". 
Pudsey offered the Petition you saw, but he would not meddle with it. 
He offered to speak b'^it He uould not iiear, but bid us go and clioose or 
else \vc should hud what it was to disobey our King. We were no 
sooner out of the Lodgings, but we were called in again to ask us 
whether we had adnntted H olden, which being owned, he was more 
angry. He (•>>". Pudse}) offered our Petition a second time, but Wo 
threw it otf with much indignation, and bid us go into the Chapel and 
elect immediately, or else we should feel the wei.^cht of His displeasure. 
We returned and unanimoudy (all but Charnock) agreed in this, that it 
did not lie in our power. Tliis is short, but not very sweet. What will 
become of us we cannot imagine. 1 am \-our affectionate humble 
Servant, 

John Smith. 

For the Re\ . D^". Hough, President of Magdalen College in Oxford, at 
Astrup Vv cHs. 

(Wilmot's Lift: of Hough, p. 16.) 
105. 

1687, Sept. 5. Letter froDi William Blathwayt to Samuel Pepys. 

Oxford. For news I can only tell you that my Lord* President was 
taken very ill yesterday morning of a cold, and was let blood last 
night. 

His iMajesty being informed that the Fellows of Magdalen College had 
refused to admit the Bishop of Oxford to be their President in the stead 
of jNI^. Farmer, sent for them yesterday, after dinner, to his ante-chamber 
in Christ Church College, where his ^^hajesty chid them very much for 
their disobedience, and with much a greater appearance of anger that 
ever I perceived in his Majesty ; who bid them go away immediately and 
choose the lUshop of Oxford before this morning, or else they sh.ould 
certainly feel the weight of their Sovereign's displeasure. The terms 
were to this effect, and yet I hear this morning they have not obeyed his 
Majesty's Commands, the consequence of which I cannot yet learn. 

(Correspondence printed at the end of Pepys's Diary.) 

106. 

1687, Sept. 4. The King's anger. 

Baurepas, the French agent, who was at that time with. the King, 
records, 'that his anger prevented him from continuing his speech tor 
some moments.' Mayure, Histoire de la Revolution, "lorn. ii. p. 29. 
(D^' Routh's Notes on Burnet's History of James U'l.) 



88 



MAGDALEN COLLEGE 



1687. 



107. 

1CS7, Sept. 4, Proceedings of the College, 

LeiiiL' thns repii^sed by the King the Fellows went iminediately to their 
Chapel, and D^. Pud?ey proposing whether they should obey the King 
and elect the Bishop of Oxford, they answered in their tnrns that they 
were p.s ready to obey his I\Iajesiy in all things that lay in their power as 
any of the rest of his subjects ; but the Electing of the Bishop of Oxford 
being directly contrary to tlieir Scatuies, and the positive Oaths they had 
taken, they could not apprehend it in their power to obey hirn in this 
matter. 

(/ot pa rtial R el a tie n . ) 

108. 

The same. 

Anthony Wood states that 'William Penn, the Captain of the Quakers, 
who follo'A'cd the Kirig in his Prugrcs-, \'.-i;nt after theni to Magdalen 
College to porsiiade thcrn to yield to the King's desire, but upon their 
storv to hi'n about breaking of Statutes and Oaths he rested satisfied.' 

(IJiarj.) 

Amongst Fulman's jMSS. in the Library of Corpus Christi College is 
part of a News-Letter written in the chamber of Charles Goring, one of 
the F)Ln!!. hvl the writer's irame torn ofi". in v/hich he states, 'After the 
King's rei'rii rar.d tv^ tlie IMagdalen (Fellows) and their determination- 
ensuing, William Pmn chanced to be in compari}' with one Goring of 
IMagdalen, wliom he told that he had a desire to discourse with some of 
the Fellows coTicornmg that business, and accordingly some w^re called 
to him, and when he had heard their reasons, he told them, that truly 
they ought not to have taken such oaths, but since they had he thought 
they ought to keep them,- -that he had taken his leave of the King, else 
he would have discoursed with Him about it, but that if they pleased he 
would write, which they consenting to he wrote the Letter which you will 
find enclosed.' 

Penn's Letter to the King was to this effect, that he had discoursed 
with some of the Fellows of Magdalen College : that they profess as 
much loyalty as any man, but that they could not obey his ]\Iajesty in 
what was required ot them without breach of some oaths, which they had 
taken, and that therefore if his IMajesty should turn them out of their 
places for a matter of conscience, it would make a great noise, and look 
ill in the world. 

109. 

1687, Sept. 4. The rejected Petition of the Fellows to the King 
at Christ Chuirch. 

To the Kings most excellent Majesty, etc. Humbly sheweth that 
upon the 27^^^ nf August we received your iMajestys Letters Mandatory, 
dated August the 14*^'!, rtTiuiring us to admit the Right Reverend Father 
in God, Sanmel, Lord Bishop of Oxford, to be our President,' and dis- 



16S7. 



AND KING JAMBIS IL 



89 



pensing with all staiulcs and constitutions to the coritrary. It is an 
uu^:xp!c:->.-^ii/ie uriiii.iiuu tu us, to fiiid ourselves rednced to such an 
extremity that cither must disobey your Majesty's Royal Command, 
C(»ntr u-y to our own irclinations, and that constant course of Loyally, 
which we have shown^in all instances hitherto, upon all occasions what- 
soever, or else break our Founder's Statutes, and deliberately perjure 
ourselves. 

For our Ibunder hath obliged us under oath, when M'e came in 
Fellows, inviolably to observe liis Statutes, and one clause therein en- 
joins us never to admit, or make use of disj)ensorions, granted by any 
authority wliatsoever, vvhcreby we maybe absolved from the same. In 
this Statute for the Election of a President he commands us u})on oath to 
elect such a person into the place of President within fifteen days after 
the vacancy, who either is, or has been, Fel'ow of our own, or New 
College, which we represented to your INfajesty in our humble Petition 
signed April tiie wherein we otTered ourselves ready to elect any 
Person capable of the same, whom your rsfajesty should be pleased to 
recommend, and having waited the utmost time limited by our Statutes, 
and received no answer to that effect, we did then, according to the 
exi!.':ence of our SiaUit ^s (having first taken the Holy Eucharist, and our 
several oaths to that purpose) nominate and elect such a person, as we 
in our consciences did believe to be every way qualified for that place. 
By which act of ours we have conveyed all that Right to him, which our 
Founder hath intru-ted us v\-'th. and it does nr)t lie in our power to adv.iit 
any other. Our I'ounder in another Statute obligeth us under the pain 
of perjury, a dreadful anailiema, and eternal damnation, not to sutler any 
of his Statutes to be akered, infringed, or dispensed with, and commands 
us imder the same sacr ed obligations, not to exercise any Orders or Decree 
whatsoever, contrary or repugnant to the said Statutes and Oaths, and so 
we are utterly incapacitated to admit the said Reverend Father in God 
to be our President. 

INIay it please your sacred ^Majesty to give us leav.^ to lay this our case, 
and ourselves, with all submission, at your Royal Feet, niost earnestly 
beseeching your sacred INIajesty to extend to us, your humble Petitioners, 
that grace and tenderness, w^hich your IMajesty hath vouchsafed to all 
your other Subjects, and not to believe us guilty of any obstinacy or un- 
diitifulness, crimes which our souls abhor, but to receive us into your 
Majesty's grace and favour, the greatest temporal blessing which our 
hearts can wish. 

And your humble Petitioners shall always, as in duty bound, pray to 
Almighty God to bless your IMajesty with a long and happy reign over 
us, and afterwards to receive you to an immortal Crown of Glory. 

{Ivipariidl Ri lalion.) 

110. 

1687, Sept. 4. At the Meeting of the Fellows in the Chapel 
between four and five in the Afternoon. 

John Smith, D.D., taith that he is as ready to obey his Tslajesty in all 
things that lie in his power as any other of his iNb^jesty 3 Subjects what- 



90 



MAGDALEN COLLEGE 



1687. 



soever, but he apprehends it to be contrary to the I-'oundcr's Statutes 
an<:l Uii vjat-u l-j elect Ri^i^hi. Rcvcrciid i'\i,ih.;r in Goil, Saniiicl, Lord 
Bishop of Oxford, P:esidciit of S^. Mary jMagdalen College in Oxford, 
and therefoi " it dsjcs not lie in his power. 

All these following agree with D'". Smith's answer above written. 

Thomas Staflbrd. X^'illiam Craddock. 

IMainwaring Hammond. Cliarles IV^nniston. 

John Rogers. Robert H} de. 

* Richard Strickland. Edward Yerbury. 

Jar,'ies Baylcy. Robert Holt. 

John bavy^,. Robert Thornton. 

Francis Bagshaw. Henry Hokk-n. 

James Fayrer. Stephen Wilks. 

George llunt. 

INI'^. Flenry Dnl^son, "M.A., saith that he is ready to obey his Majesty 
to tlie utmost of his pov.\.'r in th-j Election of the Bishop of Oxford. 

]M^. Robert Charnock, i\LA. and Fellow of the said College saith that 
he is reedy to obey his IMajesty's Order in the electing the Bishop of 
Oxford Bre^ideiu of Alagdalen College. 

Alexander Pudsey, D.D. and Fellow of jMagdalen College in Oxford 
saith that he doth agree with the rest of the Society. 

In the presence of John Greenway, Pub. Notary. 

{^Jolmston?) 

111. 

1687, £>ept. 5. Tho Vicc-Chauccllor of Oxford's Discourse with 

his Majesty. 

(After the Banquet in the Bodleian Library) the King spoke to the 
Vice-Chancellor and fold him that there wis a great sin reigning 
among them called pride — ' of all things I wo' Id have you a\ oid Pride, 
and learn the virtue of charity and humility. There are a sort of 
people among you that are wolves in sheep's clothing : beware of them, 
and let them not deceive you and corrupt you. I have given liberty of 
conscienc'' to some of my subjects, therefore do not take it ill, for in what 
1 have done I think I have not done harm to you, let not theret"ore your 
eye be evil and mine be good, but love one another and practice divinity : 
do as you would be done to, for this is the law and the prophets.' 

(Anthony Wood's Diary.) 

112. 

1687, Sept. 5. The same. 

[It is in our power, writes Dr. Routh in a note to Dr. Burnet's History 
of the Reign of King James IP» (Ed. 1852, p. iSo), to produce the 
following recital of a conversation between the King, and Dr. Ironside, 
the Vice-Ch.!ncv.li(.^r at the time of the King's visit to Oxford, from a 
paper in. the handwriting, as appears both by external and internal 
evidence, of the Vice-Chancellor himself.] 



1687. 



AND KING JAMES IL 



91 



King. The Clerp;y of the Church (of) EriuLxiid have been commonly 
blamed for their want of humility : I advise them to wipe off the charge, 
and learn to be more hnnible. There be wolves amonL^ you in sheep's 
clotiiing : men that pretend to be of the Church of J'hi'jc'.n.r], yet act 
contrary to it, who are not so obedient to me, as your C-hurch pretends, 
I do verily believe tliat 1 hcne at tins time no enemy in the Kingdom, 
but among tho'^e who call themselves Chnrch-of-England men. 

Vicc-Chajictllor. Your Majesty may please to remember that none of 
them were exclusioners, 

Khig. Your Magdalen College men are Church of England men, yet 
they ha\e nsed me \ery unhandsomely in denying my mandate, and 
choosing a President in contempt of me. 

Vice-CJiancellor. We do not say but that wt here of this place dejiend 
upon the will and pleasure of your IMajesty and the Kings of England. 
Nor can we say but that .your Majesty can dissolve our constitutions by 
your bi eath ; but this withall must be acknowledged, that standing these 
consiitutinii,-;^ and while ou.r Statutes do continue (which ha^•e been con- 
firmed to us by your Majesty's Rc>yal Predecessors), and wdiich are bound 
upon each of us by an Oath, we cannot go against them, without in- 
cui ring the heinous sin of perjury. We nuisl observe our Statutes, 
being obliged thereunto by Oath, and no power under heaven can 
dispense with these Oaths. 

King. Your Church are to blame for being offended at my giving 
indu]g':r,ce to terrier coiiTvciences, since I protect you as well as ease 
them. You do not do as you would be done by. Your eye is evil, 
because mine is good. 

Vice-Chaucelior. The allowing every person in their several fancies 
about religion n;ust have horrible ill consequences : must bring in 
blasphemies, atheisms, and such monstrous opinions, as no Christian 
State ought in conscience to admit. \Mren about a month since I 
waited on your ^Majesty as Chaplain I was amazed to see what counten- 
ance your iMajesiy gave that monstrous and scarce Christian sect, called 
the Eami'y of Love, and with what respect you received an Address 
from them. 

His INIajesty saying nothing. Lord Sunderland replied, ' jMr.. Vice- 
Chancellor, the King in receiving addresses does not enquire into nor 
allow the ill opinions of those which present them ; but looks on them 
only as respects of such a part of his subjects, and upon that account is 
pleased to receive them so graciously.' 

King. In this University I hear that in sermons and in your writings 
you ridicule m^y religion, and abuse it, charging it with idolatry. In. 
which case I cannot but esteem myself abused too. 

V^ice- Chancellor. Any reflexion on your Majesty I neither know of, 
nor would allow. And I hope no occasion has been given by us for 
such an information. As to our presses, I hope your IMajesty allows the 
University iti a sober way to defend the religion it professes, especially 
when first attacked, as is our case. A press, which is not under our 
power, did begin vdth us. and vend several pieces against the established 
religion, in which case ii did become us, and was our duty to give some 
answer to them. Every thing, that hath or shall come from that press, 



92 



MAGDALEN COLLEGE 



ies7. 



hath or will receive an ansv.er from hence, and perhaps with more 
cV.o>-r^^,.-^cc• ^^^'^T^ ,vil! ?crept;ible, but in this case the aggressor must 
thank hinv-rlf. 

(In anoth.FT old hand the following words are added: — 'The Vice- 
Chancellor a^kecl the King how he could treat the fanaticks, and put them 
into places of trust. He ansv/ered that he therefore ke|>t up his army.' 

' A Denial by the King of knowing that the College had petitioned 
does not appear in tlie above statement; but it occurred either in some 
other conversation during the King's slay at Oxford between Him and 
the Vice-Chancellor, or it was omitted, as the King's reliance on his army 
against the Sectarians appears to have originally been; or the Vice- 
Chanv:elior purposely avoided mentioning what was in King James's 
favour, whose measures he had actively and ardently opposed.*) 

{Original jILS. in Bloxams Collection^ 

113. 

1687, Sept. 6. The Fellows delivered to Lord Sunderland the 
following Address, which was to be delivered to his Majesty 
at Ba .h. 

We your jMajesty's most humble and most dutiful Subjects, the Fellows 
of S^. IMary IMagdalen College in Oxford, being deeply afflicted with the 
late sense of your ^hijesty's heavy displeasure, grounded, as we in all 
reason hunibl}- [)resuinc, upon a most unkind misrepresentation of oar 
Actions in relation to an Election of a President into your iMajestys 
said College, do humbly beg leave to prostrate ourselves at your Royal 
feet, offering all real testimonies of duty and loyalty : and as we have 
never failed to evince both our principles and practices to be truly loyal, 
in obedience to the commands of your Royal Brother, and your sacred 
Self, in matters of the like nature, so whatsoever way your INIajesty 
shall be pleased to try our readiness to obey your Royal Pleasure in any 
instance, that does not interfere with, and violate, our conscience, which 
your INIajesty is studious to preserve, we shall most gladly and effectually 
comply there with. A stubborn and a groundless resistance to your 
Royal Will and Pleasure, in the present, and ail other cases, being that, 
whicli our souls et'.rnally abhor, as becomes your Majesty's most loyal 
and most obedient Subjects. 

{Impartial Relation.) 

114. 

1687, Sept. G. Letter from Thomas Creech to D^. Charlett. 

On Saturday, Sept. 3^^, about five the King made his entry between a 
line of Scholars on one side and Soldiers on the other. It was very 
solenm, without noise or shouting, and of the manner of which the 
printed Papers give you an account. 

The same night news was brought to Magdalen College of the death 
of IM^. Ludford \ INI^. Goring who told me this, put in for a jMandate, 



^ Thornn.3 Ludforci died Sept. and was buried in Ariotey Church, co.' N'^'arwick. 
Charles Goring, one of the Demies, M.A.. introduced Pemi to the Fellovvs of 



1687. 



AND KING JAMES IL 



93 



and Ml". Collins did the like. His Majesty told Goring he should have 
it when the Coiiege v/as settled ; but that it was a rebellious Society, and 
he would chasti^e them. 

On the Sunday afiernoon Mngdalen College according to summons 
waited with a petition. The King would not hear any thing, but told 
them he expected to be obeyed,— that they should show themselves Church 
of England men, if they were such. [)y their obedience, and concluded 
that, if they did not go and elect the Jjishnp of Oxford presently, they 
should feel the weight of a King's hand. At this time the Party triumphed 
much, and Bernard said that this was some satisfaction. The Courtiers 
wondered that they sliould pretend it was not iii their power to obey the 
King, and bade them learn more wit. In a litde time tiiey brouglit 
their answers to the Secretary, Mr. Thompson dissenting, that they were 
sorry that the King's commands could not be obeyed, and that to make 
such an election would be downright perjury. The Secretary told them 
this v/as a very unsatisfactory answer, and so the miatter hangs. 

On ^Monday morning, Sept. 5, I^I^. I'enn, the (,)uaker, with whom 
I dined the day before, and had a long di^^course concerning the College, 
wrote a Letter to the Kmg in tlieir behalf, intimating that such mandates 
.were a force on conscii nee, and not very agreeable to his other gracious 
indulgences. I'he tame morning a gentleman of the Bedchamber, with 
Charnock, brought a letter to the Vice-Chancellor, requiring the Degrees 
of Doctor of Divinity to be conferred on Collins and Wickins, the 
Bishop's Chaplains, and of Bachelor of Laws on IsV. Brouks, his Secre- 
tar}-. He was ver}- earnest to have the \^ice-Clianceilor declare presently 
whether it should be done or not, but the Vice-Chancellor replied he 
could not do it by himsdf, but he would call a Convocation, as soon as 
convenient ty he could, and then an answer should be returned. 

(Aubrey's Letters^ vol. i. pp. 45-48.) 

115. 

1687, Sept. 7. Letter from Thomas Sykes to Thomas Charlett. 

Kind Sir, my last told you that the King sent away the INIagdalen 
College Fellows, commanding them to go and immediately choose the 
]>ishop of Oxford for their President, else they would feel tlje weight of 
his displeasure, but now it goes earnestly that he said they should feel 
the heavy hand of a King, and last of all, upon his recalling them, that 
if they did not obey, they should feel the vengeance of an angry Prince. 
He refused to hear them speak, or to receive any petitions from them, 
telling them that he had known them to be a turbulent and factious 
Society for this twenty years and above. The same night, that is 
Sunday night, they gave in all their answers severally in wriiing. There 
were twenty upon the place, and nineteen of them all to the same pur- 
po.se, that they could not in conscience comply in this case. Only one 
gave a dubious answer, who was either M^. Thompson, or he that 

jNtai^iialoi on trie M<>nd.iy, and afu-rwo-rds accompanied the President to tlie ixiterview 
\viih Pcnu 0,1 W liid-ur. A iTiaiidrxmus wa ^ granted for his bciii-^- made i'cliow on the 
16'^'^ of XoTcrabcr, but he did not appear to chiiin tlic bcnclit ot" it. 



94 



MAGDALEN COLLEGE 



1687. 



publickly made metition of ihe tiv.douhlcd President of IMagdalen College. 
On "Monday rnorri'Tig (Sept. 5) Penn rode down to Magdalen 
ColV.-g'c. jiist bef'jre he left the place, and afrer some discourse with some 
of the Fellov/s, wrote a short letter, directed to the King. In it, in 
short, he wrote to this purpose, — that their case was hard, and that in 
their circumistances they could not yield obedience without breach of 
their oaths : which Letter was delivered to the King. I cannot learn 
whether he did this upon his own free motion, or by command, or 
intercession of any other. ... 

We had no Convocation on IMonday, neither are any degrees yet 
granted, but there was a Paper on Monday morning delivered into the 
Vice-Chancellor's hands, but not signed t)y the King or any other, 
wherein M^. Collins (Schoolmaster of Magdalen College, and Chaplain 
to the Bishop of Oxford) and Williana Wickcns (of Pmianuel College, 
Cambridge, and Chaplain to the Bishop of Oxford) were named to be 
Doctors of Didniiy, and jNk. Brookes, a Fellow-Commoner of S^. Mary 
Hall to b-' B.C.F., and rhe ^h who brought this asked the Vice- 
Clianccllor if he would give diem tiieir degrees, saying, that he delivered 
the Paper by Order from the King : to which he answered that the King 
had not mentioned a word of any such matter to him. If the King com- 
manded lie ivGiild do his pari, but it was not in his ])Ower to grant this. 
He heard no more wdiile the King stayed in Town, but since, I hear, 
M'^. Collins hath been with him to know whether it will be done or not. 
And I am not certain whether he will grant a Convocation or not that 
they may tiy their fortunes. 

(Aubrey's Le tiers, vol. i. pp. 33-36.) 
116. 

1687, September 9 from Bath. Lord Sunderland sends the 
following Letter to the Bishop of Oxford. 

My Lord, the King commands me to send your Lordship, the three 
enclosed copies, that you may be the better informed in the case of 
Magdalen College, the consideration of which he has committed to you, 
the Dean of Christ Church ^ and IM''. Walker ^. The first is a copy of a 
Letter to me, after the delivery of the King's mandate, which his 
Majesty having perused sent fc^r all the Fellows on Sunday last (Sept. 
4*^), to attend him at Christ Church College, and commanded them to 
admit your Lordship President of that College without any further delay 
or pretence. Instead of compliance they signed a Paper, and sent it to 
me, containing a direct refusal, but upon second thoughts became more 
sensible of their duty, and subscribed another paper in terms very sub- 
missive : copies of both which you will herewith receive. Their meaning 
in the last paper I am told is this : that if iiis Majesty shall think fit by 
his own authority to constitute you tlieir President, they will very readily 
acknowledge and obey you, desiring only to be excused from electing 
you, which they allege without breach of their oaths they cannot do. 

^ John Massey, Dean of Christ Church, .16S6-16S0- 

^ OJ.ailiah Walker. .Ma^ter of I riivt-rslty, 1676- 16SS. Both members of the Church 
of Rome. 



2QS7. 



AND KING JAMES II. 



95 



His T\Iajesty thougbt it necessary that your Lordship and the two gen- 
tlemen above named should be made acquainted with these circum- 
stanceo for their direction in the advice }'ou shall oiTci to his IVIajesty 
upon thi'> occasioa. 1 am further commanded to teil you that his 
I'dajcity intends to be at Windsor on Saturday sennight, and would have 
you attend him there on the INIonday or Tuesday following, if your 
health Avill give you leave. I am, my Lord, your Lordship's most humble 
Seivant Sunderland P. 

117. 

1687, Sept. 16. Letter from Sykes to Charlett. 

Sir, I am to thank you for two letters, one of the lo^li, and another of 
the 14^^! instant, and you had net escaped an answer to the first of them on 
Wednesday last, but tliat I was out of town at Sir William Dormer's. If 
I had written thon you had liad an account of our Monday's Convoca- 
tion, Vou knovv- from Lav.renco that all Deq-rees were denied. I 
suppose one main reason uas, because it did not apj)ear, as 1 have 
formerly written, that it was the King's desire that they should be 
granted. As to v/bat concerns IM^. Wickens, Cgllins, and Brookes, 
you have had a true account already. i\.l^. Sparkles and ^l^. Bodeau 
were only recommended by IMunson, Secretary to my Lord Sunderland, 
to the Vice-Chancellor. that if degrees were granted it was the Chan- 
cellor of Engl.ind's request that his chaplains might be Doctors. My 
hibt acquainted you that the Vice-Chancellor wrote to our Chancellor to 
know his pleasure as to those things. He wrote back to this purpose, 
and as near as I can remember in these words: that he was creditably 
informed that it was the King's pleasure that the persons above men- 
tioned should have tiieir degrees, and therefore he desired that the Vice- 
Chancellor would immediately call a Convocation, that his IMajesty 
might be obeyed therein. It is thought that the Chancellor had no in- 
formation, but what he had from the Vice-Chancellor's Letter; but 
nevertheless the Vice-Chancellor was zealous thai the Degrees should be 
granted : but the Heads of Houses opposed it so vigorously that for 
ought I can perceive it ought not regularly to have come into the House 
of Con^'ocation : and as soon as it was proposed, so briskly cried 7ion 
placet as I never heard. The House was in all about 170. The first 
scrutiny for IM^. Sparkes and IM^. Boileau, contrary to the method of 
Convocation, ran 53 affirmations, and 118 against them. The rest had 
more against them, and for your friend T. C. (Thomas Collins) the 
fewest of all, as I remember, 29. W^hen the King was here, he asked a 
reverend Judge, i.e. J. Lloiloway, what he should do with the stubborn 
and rebellious Fellows of Magdalen College. He answered, his Majesty 
had two ways to proceed, either by a writ of ejectment, or scire facias, and 
then put ill himself, or else to bring d.quo warranto against their Charter, 

and so dissolve the College. 

. IMagdalen College stands as formerly. 

(Aubrey's Letters, vol. i. pp. 39-41.) 



96 



MAGDALEN COLLEGE 



16S7» 



118. 

1C87, September 15. The following Queries were sent anony- 
jjiously to the Fellows from Windi^or. 

Firsily. Whether, vaving your Election of the Bishop of Oxford, you 
cannot without vic^lonce to your conscience signify to his jMajesty, or the 
above-mentioned Reverend Bisliop, your willingness to admit the Lord 
Bishop, President of your College. 

Secondly, Whether it be not more interest to the Protestant Religion 
to have a suspected Popish President than to have all the places of the 
College refilled by ihc King's sole audiority with Popish Isovices and 
Priests ? 

Thirdly. Whether }-ou are not under a mistake in thinking you should 
render yourselves more acceptable, to the Protestant Nobility and Gentry, 
by your l,)eing turned out of your Fellowships by injustice and violence, 
as you coDccivo ; ct rafli; r will they not be very cautious how they 
receive you iiiu> vvv.v: fiiialiv;:^. for loar of giving offl'uce? 

Fourildy. \Vh;Ot}icr his Majesty, as Su[)renie Visitor of the University, 
cannot j)]ace or displace there ad Ubitiun ? or whether you» have a right 
notiOii C'f tije Proceedings, which have been practiced against you ? 
Whether you suppose that the Lords Commissioners proceeded against 
you, as Lords Commissioners, or Visitors ? which notion 1 am sure will 
overthrow someh'odies' plea and exception, against their authority.. 

FifliiJv. V\'h fhcr \ou acted like men skilled in business, when you 
refused IsV. Penn's mediation, who, you may be sure, had good authority 
for what he did Vou could not but know that man, and therefore 
mu t need.- be fore-armed against any wilcs tliat could be offered to 
you. V. heiher an unanimous subscription for an expedient, which I 
think you ought not to refuse in good manners, since the King was 
pleased to propose it, presented to his Majesty by Mr. Penn, or another 
favourite, would prevent the destruction of the best Foundation in 
Europe ? 

Lastly, wlietlier you be not drawn beyond your knowledge by some 
hot-headed advisers, w ho never consider the present state of his IMajesty's 

Court of Justice ? 

{Jvipariial Relation^ 

119. 

1687, Sept. 19. Letter from Lord Sunderland to Eishop Parker. 

My Lord, I have received your Lordship's Letter by the Bearer, and 
have laid it before his ^Majesty, w ho thereupon commands me to tell you 
that this being a matter of very great importance he will have the advice 
of some Lawyers in it that he may proceed upon sure grounds being 
resolved to do right both to himself and your Lordship. 

I am, ray Lord, 
Your Lordshir)'s mo.>t humble Servant 
Sunderland P. 
(Dom. Car. n. Entry Book No. f/). p- 385. 
Slate Records Uflice.) 



1CS7. 



AND KING JAMES IL 



97 



120. 

1687, Sept. 19. Lcttor from liOrd Sunderland to the Vico 
Clianeelior of Osford. 

Sir, I have received your letter of the i6^^ instant, it being only a 
private concern the King docs not insist upon it, but in regard of the 
relation whicli thr^se gentlemen ^ liave to the service of my Lord Chan- 
cellor, and the Bishop of Oxford, I should be very glad that the Degrees 
desired might be conferred on them, which I earnestly recommend to 
you, and will always ov.-e this favour as a great obligation laid on, Sir, 

Your most humble Servant 

Sunderland P. 

(Dom. Car. it. Entry Book No. 56, p. 385. Record Office.) 
121. 

1687, Sept. 25. On this day the following- answer was retiu^ned 
to the several Queiies sent from Windsor on Sept. IS^ii. 

First. We cannot, without violence to our consciences and deliberate 
perjury, adrjiit any Person to be President of our College, that is not 
elected thereunto, and qualified according to our Statutes, whereby the 
Bishop of Oxford is in no sort capable ; nor is there any memorial in all 
our Ivfgisters of any admission of a President without Election, excei)t 
of or.e D''. Nicho! i'oad, wliose case was as follows. Upon the death of 
D^'. Lawrence Humphrey about the 30*^^ or 32^^ year of Queen Eliza- 
beth's reign, the Queen recommended D^. Bond, being (having been) a 
Fellow of our College to be elected President. IMany of the Fellows 
inclined in their judgements to elect one Smith ^ another of die Fellows, 
and at their meeting for Election the contention was so great, that they 
rose without electing, and the obstinacy continued till the Place became 
lapsed, and there being no provision in our Statutes to direct us what to 
do in such a case, the Queen, by lier Letters patent constituted die said 
Dr. Bond to be President, and therein declared that her INIajesty being 
informed that the Fellovcs had neglected to make Election of a Presi- 
dent in due time, as their Statute^ required, and those Statutes having 
made no provision for such an omission. She, out of her princely care 
for the Place, and indulgence for those persons, wdio had been guilty of 
that neglect, did by the advice of the Bishop of Winchester, their 
Visitor, constitute D^. Bond their President, with protestation neverthe- 
less that she did not thereby pretend to supersede their Statutes, or invade 
their right of Ejection, which was thereby invested in them, but took this 
course as the only means left to supply their Defect of Election. 

To the :stcond. We must not make ourselves guilty of deliberatG perjury 
fo*: any consideration whatsoever, both in respect to our consciences, and 
that we may not by such a Breach upon our Statutes expose our Con- 
stitution to a forfeiture, nor do evil that good may come of it. 

' The f;enticir.en |-ropn5cd for Dc!::;Tee^ were the Bi.shop's chaplains, Wiggins, and 
Coiliijs, ariil his socictary, frook, aiul Siarkes zvA l>.lew. 
^ Ralph Smith. Dcuiics" A't^/j/t'r, vol. i. p. 161. 

H 



MAGDALEN COLLEGE. 



1C87. 



To ihe third. We conceive ^ve shall be more accep)tn.ble to all good 
rn fr,r r^.-tirr honf'stly arcordinp;- to our consciences, than for voluntarily 
and unjustly dejnriiii;^- from our Ivi^rht. 

7o i'.': Fourth. We pretend not to make it a question, whether his 
Majesty by his authority royal as Sijpreme Visitor, can grant a com- 
• mission for visitation of auy College that has a local Visitor by their 
Statutes, and are not Royal Foundations. But we are advised tliat no 
Commissi 3n can be granted under the great Seal to Visitors to place, or 
displace, [Members of Colleges, whose places are freeholds, ad libiium, or 
discrctum, but they must proceed according to legal discretion, that is, by 
the LaM's and Sia'utr-s of the Land, and the local Statutes of the College. 
And places concerned for the Headships and Fellowships of College, 
are temporal possessions, and cannot be impeached by summary pro- 
ceedings. One D'". Thomas Coveney, President of our College \ was 
deprived in Queen Elizabeth's time by the Bishop of Winchester, the 
legal Visitor thereof, established by Royal Authority, and he appealed to 
the Queen, but by the arb ice of jH the ludLres, it was held, that the 
Queen by her authority as Supreme \'isiLor could not meddle in it, but 
that he must bring an A scire in Westminster Hall, because deprivation 
wrs a cause merely temporal. 

The King has a great authority spiritual as well as temporal, but no 
Commissioners can be authorized by the Crown to proceed in any Com- 
mission under the great Seal or otherwise but according to Law, in 
Spiritual Causes by the Canon Law, in Temporal by the other Laws and 
Statutes of the Land, and v/herein the Proceedings in some Commissions 
are directed to be siimmarie et de plafio etc. those words are to be applied 
to shorten, the forms of Process, and not for matter of Judgement, for 
Jlfagfij. Charid provides for our Spiritual Liberties as well as our 
Temporal. 

{Impartial Relation.) 

William Penn's intercession. 

It was now rumoured that the King had issued an Order to proceed 
against the College by a writ of Qiw warraTtto, but however this was, the 
Fellows ap'pear to have listened to an application made to D^. Thomas 
Bailey, one of the Senior Fellows, from William Penn, who was said to be 
in great favour at that time with the King, and had written to the Doctor, 
as he says, out of a compassionate concern for the interest of himself 
and his brethren to persuade ihem either to a compliance with his 
IMajesty's Letters mandatory, or to think of some expedient to prevent 
the ruin of their College and themselves, and to offer it to his Majesty's 
royal consideration that the order for the Quo warranto against the 
College might be recalled before it should be too late. (Wiimot's Life of 
Hough, p. 1 8.) 



^ Thomas Coveney, President, 155S-1561. 



I 



ies7. 



AND KING JAMES IT. 



99 



123,. 

liCtter, directed to Ty\ Bayley, Fello-w of Magdalen College, and 
supposed to have been written by M-'. William Penn. 

Sir, upon an enquiry made of your present Fellows of I\Tag-(lalen 
College I am informed that you are a person eminent in that learned 
Body for your temper, prudence, and good conduct in aflairs, and 
therefore very fit to be addressed to l)y me, who do not send you this 
to trepann you and your Brethren, but out of a passionate concern for 
your interest, to persuade you either to a compliance with his Majesty's 
Letters Mandatory, or to think among yourselves of some expedient to 
prevent the ruin of your College and yourselves ; and to offer it to his 
JMajestys Royal Consideration that the order for the Quo warrcmio 
against the College may be recalled before it be too late, for you cannot 
be sensible how highly his Majesty is incensed against you, neither can 
you give one instance whether ever that sort of proceeding was judged 
againe^t the Crown. Your cause most think is very hard, but you are 
not in f>rudence to rely on the goodness of your cause, but to do what 
the present instant of affairs will permit, and in patience to expect a 
season that Vvill be more auspicious to persons of your character. Every 
mechanic knows the temper of his present Majesty, who never will 
receive a Baflie in any thing that he heartily espouseth, and that he dolh 
tliis, yours'.'lves have had too late and manifest an instance to doubt of 
his zeal in the alTair. 

Where there are so many Statutes to be observed it is impossible but 
some must be broken at one time or other, and I am informed by the 
Learned of the Law that a failure in any one point forfeits your grant, 
and lays your College open to the Royal Disposal. 

I could give many other prudent arguments that might possibly 
incline you to a speedy endeavour of putting an end to your troubles, 
almost at any rate, but I shall suggest this one thing to you, that your 
fatal overthrow would be a fair beginning of so much aimed at Reforma- 
tion, first of the University, then of the Church, and administer such an 
opportunity to the enemy, as may not perhaps occur in his Majesty's 
reign. I am your affectionate Servant etc. 

[George^ Hunt, one of the Fellows, who shortly afterwards accompanied 
the President and other to Windsor to have a conference with William 
Penn, observes in his MS. account of the Proceedings, ' This Letter IM'*. 
Penn disowned ' 

124. 

The following Answer, dated Oct. S'l, 1687, seems to have been 
sent to William Penn. 

The enclosed paper is a copy of a Letter, which by tlie charitable 
purpose of it seems to be written by you, who have l)een already so 
kind as to appear in our behalf, and are reported by all who know you 

* See Macanlay's Comment on this assertion. Hist, of James II. 
H 2 



lOO 



MAGDALEN COLLEGE 1687. 



to employ much of your time in doing good to mankind, and using 
your CicJiL vriili h; "^I:-]': :U to nirbcf^-ive him in any wrong impressions 
given him of his conscientious sul)jccts, and v/here his justice and good- 
ness have been tlicreby abused, to reconcile the persons injured to his 
Majesty's favour, and secure them by it from oppression and prejudice. 
In this contldence I presume to make this application to you, desiring 
your excuse for not subscribing it. For if you did write the Letter, you 
know to whom it was directed ; and if you did not, I hope your charity 
will induce you to make such use of your light you have by it into the 
affairs of our College as to mediate for us with his jMajesty, to be re- 
stored to his good opinion, as the only thing which is desired by us, who 
are zealous above all earthly things for his felicity and glory. 

We are not conscious of ever giving his iMajesty any just offence, as 
it will appear with you, when you shall have i)erused the enclosed Papers; 
and we have therefore no reason to fear the issuing out of a Quo 
]Varranto against us. And tliough }ou are pleased to apprehend, that no 
instance can be given of a judgement against the Crown upon the pro- 
cess of that writ, the Learned in the Law tell me that there is nothing 
niore common, whereof many cases are reported by Kellaivay from page 
128 to page 152 of hi> Book of Reports. And I think that I ha.ve heard 
of a case in Coke's ninth Report of the Abbess of Prata ^Nfarcella, which 
evinces the same ; wherein also there is a recital of judgement given 
against Roger Mortimer for the King, upon a Quo Warranto in Court 
of E}Te, reversed for error in the Ki fig's r)cnch. We hope though we 
have many Statutes, it will be found that we have not wilfully trans- 
gressed any of them, for all our present troubles are derived to us from 
our adherence to them, and our fear to offend God and blemish our 
consciences, by departing from them. 

The King is intentionally righteous and just in all his proceedings. 
He will never knowingly invade any man's property, as he was solemnly 
pleased to declare in his excellent Speech made in Council on the 6^^^ of 
Fet ruary 16S4, at his accession to the Government, which is again re- 
peated in his gracious declaration for Liberty of Conscience of the 4^^^ of 
April last past. It is upon his sacred inviolable and royal word and 
promise we must depend, not doubting but when his Majesty shall be 
rightly informed of our case in reference to both his Mandatory Letters to 
our College, his anger towards us will be totally extinguished. Our com- 
pliance to the first, which was M^. Farmer's election, ^^•ould have involved 
us in the guilt of manifest perjury, and the wilful violation of our 
Statutes, and we are confident his j\[ajesty would never have granted the 
second on the behalf of my Lord Bishop of Oxford, if he had known 
that we were then possessed of a President duly elected according to our 
Statutes, and confirmed by the Bishop of Winchester, our Visitor, as the 
Statutes require, and if he is thereby invested with a Lay Freehold under 
the Protection of his IMajestys Laws: which we cannot undo, or attempt 
to invade, without subjecting ourselves to Suit-at-law, and doing an 
apparent injury to the President, who does not conceive himself to be 
affected by the Sentence of the Lords Commissioners, to v/hich he was 
no party, v.hereby his Place is declared void, without any citations, 
summons, or hearing of him. 



ies7. 



AND KING JAMES IT. 



lOl 



I believe no instance can be given of a Quo Vfarranfo brought n gainst a 
Ccllegc or Hull in the Universi' k'l^ frcm the first Foundation of them to 
this day, or ^xny other Ecclesiastical Corporaiion, for the xVbuses of some 
Constiiutioj^s or F. ar.chiscs in ihcm; and the misdemeanours of particular 
persons Vvil] not destroy a College. And if th.e Corporation of a College 
should be dissolved the Revenues thereof vrill return to the Founder's Heirs, 
and not devolve to the Crown. And if our College must be the first example 
of that kip.d, w'Q shall be better justified hy the strict observation of our 
Statutes, at least to God and our cv/n consciences, than we could have 
been by a voluntary o.nd deliberate breach of them. 

It was loyalty and conscience that, hi the reign of King Charles the 
First, made tliirty four out of forty Fellows, and most of the Scholars of 
our Foundation, rather quit ilieir places, and embrace misery and ruin, 
than to subscribe to the government of the Usurpers of the Crown. 
And in INIonmouth's Rebellion the same inducements prevailed on us to 
raise a Conipany at our own charges under the command of one of our 
Fellows ^ to engage against him. And we hope that these and many 
other the like instances, v\hich may be given, of the Loyalty and Zeal of 
our Society to tiie Royal Family, will be received as evidences thereof, 
and th.-t our gocd ;ind gracious Sovereign will not exclude us from 
that Liberty of Conscience, v\"hich he was pleased to extend to all his 
Subjects. 

{Impartial Relation.) 

125. 

1687, Sept. 25. No. 11. of William Shcrwin's News-Letters. 

Sir, In my last I gave you an account of Magdalen College, and that 
they bad appeared before his IMajesty, who gave them, it is thought, the 
sharpest reprimand that ever he gave to any of his subjects, with a com- 
mand fordiwith to elect the Bishop of Oxford, but they rather chose to 
fall ur der his i\hijesty's displeasure than put themselves in the least 
danger by breaking their oaths. Their answer was given in to his 
IMajesty, and they have some reason to think that Hkewise both their 
petitions. There has been no further trouble given them yet, neither do 
tliey knov/ which wcy it is designed to. proceed against them. It is the 
opinion of most that my Lord of Oxford's pretensions will not long con- 
tinue, he being under such circumstances that he is not likely to hve but 
a very short time. He has never been well since he came into this 
country. On the day that his jNIajesty left Oxford there was a Letter 
brought to Mr. Vice-Chancellor (but the King's name was not on it) for 
the making IM^. Welkins [Wiggins] and Mr. Collins -, both Chaplains to 
the Bishop of Oxford, Doctors, and his Secretary INI'". Brook B.L., and 
INI^. Sparks and Belew, Doctors, but the Convocation denied them 
all. Ml". Weikens has been at \Mndsor, it is thought for a mandate, but. 
there is notliing appears but a Letter from my Lord Sunderland. I am 
afraid when it is proposed they will Hnd the Convocation of the same 

' Captain Fra'^cis Ej^^hliaw. 

^ Thomas Coilms, '6^t Kegislcf of SchoQlmaders, n 216. 



I02 



MAGDALEN COLLEGE 



1687. 



humour as before. IM^. Collins has lost nil his friends in tlie University, 
and it is thought '>vonId willin.G;ly have a fair opportunity to declare, but 
they tliinl' he will Sce how it goes with my Lord concerning that College. 
Sir, 1 am your most obedient Sc/vant, \V. Sherwin. 

{Cobbeil, col. 93.) 

126. 

1687, Oct. (?). Qaestions proposed to Counsel on the King's side. 

In the Case of S*. Mary Magdalen College these objections are 
requested to he fully Ansv.'ered by his Mamies learned Council. 

i^t. How Statuses permitted by the Kings of England to be made & 
which have been confirmed by successive Kings c^: never repealed are 
made Voide by the Kings Dispensation onely. 

2^^y, How a I\landate Impl}'es an Inhibition to proceed to election 
v;hen the person proposed is by the StatiUes in no capacity to be elected. 

c^rdly, \\^hcre a loc^d Visicor is appointed, how the King can visit 
a particular College bc lToro the local Visitor at least hath been coiTianded 
to Visit. 

4tli'y. Whether the sentence agst th(^ president be valid when he never 
was cited nor was heard nor his cause brought belTore the lords comis- 
sioners. 

rjtUy. How one can be ejected out of a Freehold without due Court 
of law. 

f.'^--iy. Whether the Bi\ of Oxford was to be put in the presidents Ofiice 
& being a Freehold by any but the sherive. 

7tWy. How D^, Fairfax's suspension was legal seeing it^ was but fixed 
on the College gates 5 daies after M^. Farmer was posted beffore their 
Lpp^ to be Incapable by reason of his Ifhorality. 

gthly. That the best reasons in law &c presedents be produced for the 
Kings dispensing power & power of Visitation by Comission. 

pthly. That the objections ag>t the granting Comissions contrary to 
the Act for dissolving the High Couiission Court be answered. 

lottilv. What cases can be found wherein Appeales made from 
Visitors hath been determined in Courts of Coiaion law or chancery in 
Favour of the Visitors sentence, or hath been revoked by the Judges. 

(Johnston Jl/S,) 

127. 

Notes of answers to the above. 

About Questions propounded Consider as to y^ first. — After a 
previous vacating of their charter by reason of forfeiture their Coliedge 
Statutes ^\^^ depend upon their Charter would consequently be gone, 
and then such dispensation of their Coliedge statutes as is mentioned 
in this Quaere would come too late and be idle and of noe effect, for that 
w^^ is null &. voyd can't be dispensed with, nor can they be comanded to 
doe any thing w" they are noe body. 

As to y^ second. — Whither the Clause of dispensation inserted in the 
rnafndal'e thereby to sett aside or su.^pend y^ Coliedge statutes for electing 

• — ' ' ' ^ The reading here is doubttul. 



1637. 



AND KING JAMES II. 



for time a person quallified w^^Jin those Statutes, and to impowcr 
C'.'Ucd^^c without broach of ihcir K;n.ndi^ rule and their Oath Uj.r^n it, to 
Fleet a person not capable to be Klected by their Colledgc stauu-s, but 
other'-vise of abibty for such j>lace [^is valid: — ] For this see Sanderson 
de obhgaeonc- Juranienti in y^ very case of Colledge Statutes. 

As to yQ tliird. — That y^ Locall visitor is appointed and trusted l)V y^ 
found!" and ha*h thereby a j)rivate trust. r>ut y^ King as King halli a pub- 
licke trust l^y opjteration and coii-lrucliou of Law and by his Sovcrfigric 
Authority and Jurisdiction is su]ireme Visiior and may Exercise y^ Royall 
trust, w^i and as often as he pleaseih, without commanding or expecting 
ye vis'Lation of y© locall visitor. And may as soe (having y© Gcnerall care 
of and inspection into y- mann^'^ and duties of his subjects) not oidy visit 
inquire into and reforme yc meml)crs of y^ Colledge, as to tlieir actions, 
but alsoe y^* Locall \'isitor hiniselfe as to his doings and performances in 
or about his trust. 

As to y^ fjurth. — Whither tl.ie Locall Statute for electing a president 
being suj-j o- -l to be -i',-pended by the mandate cum clausula dispensa- 
tionis statulorum Collcgij (^vhich mandate y© fellowes received licfore 
Flection), they had then any power or authority to elect for yt time 
otherwise a? they were comanded: and consequently }^ Flection of 
a president after y^ N\a5 not null and voyd, and y^ he could not be cited 
as such, nor could as such appcare in person or by proxy. 

As to y® fifth. — Whither the Presidentship being vacant and y® Colledge 
having after such man late noe power to Fleet other y^ as commanded (& 
y^ person layd 1)}-) a new president might not nor ought not to be placctl 
there by n.andate, and y© Colledge had noe other duty incumbent upon 
them, but to receive him as such. The rest of this Quxre is not to y*^ 
matter in Question, The freehold in these cases of Presidentshipps and 
fellowshipps c^e being determinable, alterable by visitation &;c, as attending 
upon and ccnisequentiall only to such oflkes and places. 

.As to y© sixth. — Whither D^. Fairfax's suspension being for dis- 
obedience to mandate, b\" y® pronouncing thereof he stood not actually 
suspended &c and y® afiixing a coppy Scz to y® colledge Gates but a 
circumstance not materiall, nor whither Mr. Farmer was then or after 
laid by or not, or whither he was unfitting by reason of his Immorality or 
otherwise, and if in such case after y<^ mandate received they should not 
have forborne their proceeding to Flection and first made humble in- 
stance to Y' i'^^^'^o ^'^5 Royall pleasure therein. 

As to the seventh. — 'The reason for the Kings dispensing power 
appears above and see Dr. Sanderson &c. 

As to y9 eight. — Time will not give leave to search Presidents for y" 
visitation of Colledges but certeiniy they are obvious enough. Aiid see 
Dr. Woods History of the University of Oxford and Presidents there as 
to Merton Colled 2:e & this Colledge both as to this Quxre and the 

As to ye ninth. — That ye Kings of England have such power and may 
by Commission's Execute such power is plaine, and y*^ not only by 
diverse Acts of Parliam^ but at comm.on law, had never any Act been 
made: for )° Statutes in such cases are bat deeiaratory of y^ Kings 
antient and Inherent i"ights. _ 



MAGDALEN COLLEGE 



1087. 



As to the tenth and eleventh. — Sec in \^ bookes following and others 
TIjo Kiri"- Sun'-pmac}- in ?J.ili'^^ lu'elesiasticall. Cawdries c. II, Coke 
reporte :Mo.:e 75^; to8o Rolls abridi: 2'^ parte 179, 219, 222, 224, 232; 
Coke SuLlons flo.-pitali 31 ; 20 II 646, stat i of Eliz, 13 Eliz &c ; Coke 
4^^ Instil 74, Jones 393, Cro : Car 65 : &€. 

{Johnston iJlS.) 

128. 

1687, October 9. Conferenco with Penn. 

A Deputation from the College consisting of D^. Hough, President, 
IMaiaM-aring Hammond, Georgt,- Hunt, William Cradock, Fellows, and 
IM'". Charles Goriiig, forme dy Demy, had a Conference with Mi". William 
Penn at Windsor, where the Court at that time v/as residing. 

(Wilmot's Li/d of Hough^ p. 22.) 

Account of this Conference contained in a Letter from D^. Hough 
to a ReJadon of his, a copy of which is preserved in tho 
Manuscripts of Bishop Gibson in the British Museum. 

Dear Cousin, October q^^^, at night. 

I gave you a short account of what passed at Windsor this m.orning, 
but having the convenience of sending diis by jM^". Cliarlett \ I fancy 
that you will be well enough satisfied to hear our discourse with Vi^. 
Penn more at large. He was in all about three hours in our company, 
and at his fir.-t coming in he began with the great concern he had for 
the welfare of our College, the many eiforts he had made to reconcile us 
to the King, and the great sincerity of his intentions and actions ; — that 
he thought nothing in this world was worth a trick, or any thing sufficient 
to justify collusion in deceitful artifice, and this he insisted so long upon, 
that I easily perceived that he expected something of a compliment, by 
Avay of assent, should be returned; and therefore, though I had much 
ado to bring it out, I told him that whatever others might conceive of 
him, he might be assured that we depended upon his sincerity, otherwise 
we would never have given ourselves the trouble to come thither to meet 
him. 

He then gave an historical account in short of his acquaintance with 
the King; — assured us that it was not Popery but Property that first 
began it ; — that however people were pleased to call him Papist, he 
declared to us that he was a dissenting Protestant : — that he dissented 
from papists in almost all those points wherein we differ from them, and 
in many wherein we and they are agreed. 

After this we came to the College again. He wished with all his heart 
that he had sooner concerned himself in it, but he was afraid that he now 
came too late : — however he would use his endeavours, and if they were 
unsuccessful, we must refer it to want of power, not of good will, to serve 



^ Thomas Ciiarlttt, Fellovv of U'niveriity College. 



1687. 



AND KING JAMES 11. 



105 



lis. I tolcl him I thoudit the most effectual way be to give his 

J •■^ ' •;. ' •■ ^ "V <:-'.-\ v:]''"b. T h^^. rr-ason to suspect he had 
ijcvcr yet recs^ivcil, ;:.r;d tliorcforc I offered him some papers for his 
ins ruc:io!i, rvhceo^ one was a copy of our first Petition before the 
Elcccion, another was our Letter to the Duke of Ormond and the State 
of our case; a third was that Petition which our Society had o{fered to 
his IMajesty here at Oxford, and a fourth was that sent after the King to 
Batli. lie s -emed to read them very attentively, and after many objec- 
tions, to which he owned 1 gave hiui sausfactory answers, he promised 
faidifully to read every word to the Kimr, unless he was peremptorily 
commandv'd to forbear. He was very solicitous to clear Lord Sunder- 
land of suspicion, and threw the odium upon the Chancellor, ^vhich I 
think I told you in the morning, and which makes me think there is little 
good to be hoped for from him. 

He said the measures now resolved upon were such as the King 
thought would Lj.ke elTcCt ; liut he said he knew nothing in particular, 
- nor did he give ihc iei-t ll'^'hl. or { fall an}' thimr vchere we might so 
much as ground a coiijccture, nor did he so much as hhit at the Letter 
which v.'as sent to him. 

I th;ink Ged that he did not so much as ofler at any proposal by way 
of accommodation, which v/as the thing I most dreaded ; only once upon 
the mention of the Bishop of Oxford's indisposition, he said, smiling, ' If 
the Bishop of Oxford sliould die, Di". Hougli may be made Bishop. 
What thiii^: you of tliat g^ndemcn IM^, Cradock answered, 'they 
shoidd be heardl}' glad of it, for it vs'ould do very well with the President- 
ship.' Bu* I toki him seriously, ' I had no ambit'on al)Ove the Post in 
V, hieh I was, and that having never been conscious to myself of any dis- 
lo} alty tow ards my Prince, I could not but wonder what it was that should 
make me so much more incapable of serving his PJajesty in it, than 
those whom He had been pleased to recommend.' Pie said, ' IMajesty 
did not love to be thwarted ; and after so long a dispute we could not 
expect to be restored to the King's favour without making some con- 
cessior:^.' I told him that ' we v. cre ready to make all that were con- 
sistent with honesty and conscience;' but many things might have been 
said upon that subject, which I did not then think proper to mention. 
' However,' said I, ' IM^. Penn, in this I will be plain with you. We have 
oui- St..tutes and Oad:s to justify us in all we have done hitherto; but 
setting this aside, we have a Religion to defend, and I suppose that you 
yourself v/ould think us Knaves if we should tamely give it up. The 
Papists have alrt?ady got Christ-Church and University College : the 
present struggle is for Magdalen, and they threaten that in a short time 
they will have the rest.' Pie replied with vehemence, ' that they shall 
never have, assure yourselves; if once they proceed so far, they will 
quickly find themselves destitute of their present assistance. For my 
pait, I have always declared my opinion, that the preferments of the 
Church should not be put into any other hands but such as they at 
present are in ; but I hope that you would not have the two Universities 
such invincible Phalwarks for the Church of England, that none but they 
must be capable of giving their children a k^arned education. 

1 suppose two or three Colleges will contcni the papi^as ; Christ Church 



lo6 MACsDALEN COLLEGE 1687. 

is a noble structure, University College is a pleasant place, and IMagdalen 
College is a comely building. The \\a1ks arc pleasant and it is con- 
venient!} situated just at the entrance of tlie Town &c/ When I heard 
him t i]k at tl;i? r ite I concluded that he was either off his guard, or had 
a mind to droll upon us. ' Hov.-ever/ I replied, ' when they had ours 
ihcy would take tlie rest, ns and the present possessors could never 
agree.' In short, I see that it is re.-olved that the papists must have our 
College, ari't 1 think all that we liave to do is, to let the world see that 
they take it from us, and that we do not give il up. 

I count it great good fortune that so many were present at this dis- 
course, whe'-eof I have not told you a sixth part, K)Ut I think the most 
considerable, for otherwise I doubt this last passage would have been 
suspected as if to heighten their courage through despair. But there 
was not a word said in private, INI". Hammond, M^'. Hunt, I\Ir. Cradock, 
and IVR Young being present all the time. 

Give my most humble service to Sir Thomos Powell and IM^^. Powell. 
I am, Dear Sir, your very affecdonaie and faithful Servant. J. H. 

(WiJuiut's Life of Ilougliy p. 25.) 

130. 

1687, Oct. 13, Continuation of Bishop Cartwright's Diary. 

I was at the King's Levee, and afterwards into his Closet, where he 
acc[u:nntcd m.j that lie, in contldence of my zeal to liis service, had 
appointed me one of his High Commissioners for Ecclesiastical affairs ; 
and my Lord Chief Justice \V'right and me to \'isit I\Ligdalen College, 
for tlieir public and notorious disobedience to his commands ; and 
commanded me to attend my Lord President for further instructions, 
which I accordingly did, and then went over to Lambeth to dinner, 
where I met the Earl of Clarendon, and the Bishop of Ely. From thence 
I went to Doctors' Commons .... From thence I returned to my Lord 
cf Durham, and afterwards to I'\iihtr I'^eires at Whitehall, with whom 
I discoursed the bubhi^ss of i^Iagdalen College, and received papers 
from him ^ 

131. 

1687, Oct. 14. Continnation of Bishop Cartwright's Diary. 

This being the King's Birthday, I vvaited on him at his Levee, to wish 
him many years, for which I daily pray ; and received commands from 
the Lord President to attend his ^Ltjesty at the Cabinet at six at night, 
which, having visited the I\Iaster of the PvoUs v/ith Sir John Lowther, 

^ 'Of the Roman catholics no one, whether it owinf^ to the merits of the in- 
dividuah or the arts of Sunderland, had obtaine-l so hic^h a place in the king's favour 
and confidence as Father Petre. To him had lieen given the superintendence of the 
royal chapel. . He %vas lodged in the same apartments which James had occupied 
\vhen he was Duke of York, and he was named a Privy Counsellor at the same time 
with ihe Ior:ls P<v,', is. Arundcll. Bcl.'^Dyse, and Dover. I'he impolicy of this appoint- 
ment was too g^aiin^ to £::ca[)e the notice of any nian of ordinary apprehension.' 
Lingard. 



3 687- 



AND KING JAMES 11. 



107 



and dined with the Lady Pticrbo rough, I accordingly did, where my 
T,o-^ <'^h'>^ J'l^fir-!^ and J. in the i^resence of his ?>Iajesty and my Lord 
Chancellor an-l the Lord i'^re^idcut, received his Commands to provide 
for our jo-irncy io Qxrord on Tuesday next, and my coach not being in 
Town, upon my Lord PcLerborough's motion his I\Lijesty promised me to 
give orders to my Lord Dartmouth to provide me one against the time, 
and brought me to kiss the Queen's hand as he led her in to supper; 
and having received the congratulations of my friends for having got the 
King's favour, after wliich all other things would be added to me, I 
visited my Lord Peterborough in his bed, and returning to ray Lodging 
found D^. Johnston to whom 1 gave the answer to the Letter to a Dis- 
senter to cai iy to Bishop Labourne, who came to London this night. 

132. 

1687, Oct. 11. Contimiation of D^. Thomas Smith's Diary. 

After abo\o four months st:;y in London during the great contest 
between the Iving and the College, hearing for certain that there would 
be Commissioner J sent down to Oxford 'to visit the College, where every 
Fellow w«>uld be peren ptoriiy cited to appear under severe penalties, 
I thought it became me both in point of duty and prudence to return, 
and accordingly I got home to the College, Oct. 14. 

183. 

1687, Oct. 17. Proceedings of the new Commissioners. 

ILis IMajeUy being so greatly provoked by the disobedience to the 
second mandate, and now finding it necessary to assert his own power, 
resolved upon sending down certain local visitors, according to which 
1 [Johnston] find it thus registered. 

IVIemorandurn (Register of the Commissioners), there being a new 
Commission wiih the addition of Thomas, Bishop of Chester, Sir Robert 
Wright, Lord Chief Justice of the Kings Bench and Sir Thomas Jenner, 
one of the Barons of the Court of Exchequer, with particular power to 
them, or any two of them to visit INLiry iNlagdalen College in the 
University of Oxfe^rd the Commissioners thought fit to meet at the 
Council Chamber this day, being the 17^^ of October, 1687. 

The Commiission was read, and the same officers confirmed as before. 

The Lords Commissioners for visiting Magdalen College agreed upon 
the following Citation in order to their visitation. 

By Thomas Lord Bishop of Chester, Sir Robert Wright, Knight, 
Chief Justice of the Court of King's Bench, and Sir Thomas Jenner, 
Knight, one of the Barons of his IMajesty's Court of P^xchequer, His 
Majesty's Commassioners (amongst others) for Ecclesiastical causes, and 
for the Visitation of the L'niversities and all Cathedral and Collegiate 
Churches, . Colleges, Grammar-Schools, Hospitals, and otlier like Licor- 
porations or Foimdations, and Societies, and particularly authorised 
and empowered to visit S*^. Mary Magdalen College in the University 
of Oxford, cvc. 



io8 



MAGDALEN COLLEGE 



1687. 



^'ou and either of you are hereby required forthwith (o cite and summon 
John Hough tlie pretended President, and also the Fellows, and all other 
the Seholarsand lUcmhers of the said College of St. iNlary Magdalen in the 
said University of Oxi''ord, to appear before us in the Chapel of the said 
College on Friday next being the twenty first day of this instant October, 
at nine of the Clock in the Morning, to undergo our Visitation, and fur- 
ther to answer to such matters as shall then and there be objected against 
them : Intimating thereby, and we do hereby intimate, unio them and 
every one of them, diat we intend at the same time and place to proceed 
in our said Visitation, the absence or contempt of Him, the said pretended 
President, or tlie said Fellows^ Scholars, or othei; Tvlembers of the said 
College, or any of them to the contrary notwithstanding, and of the due 
execution hereof }"0U are to certify us at the time and place aforesaid. 
Given under the Seal, which we in this behalf use, the 17^11 day of 
October, 1687. 

\Suhscnbtd : — ] To Thomas Atierbury and Robert Eddows, or either 
o f t li e m .] ( J oh us ton . ) 

134. 

ieS7, October 17. Continuation of Bishop Cartwriglit's Diary. 

i\Ty Lord of Peterborough acquainted me at the Kings Levee, that the 
King had given me £100 to fit myself for my journey to Oxford. I 
took my place in the High Commission \ which was delivered to me by 
my Lord Chancellor, and the Seal of the Court, in order to my Oxford 
Journey. 1 dined with my Lord Peterborough, and his lad)-, — visited 
Sir Charles Scarborough, where I met Mr. Aires, the High Sheriff of 
Lincoln, and D^. Jolmston, and supped at Mr. Toures', when I met 
D^. Hedges- and M^'. Atterbury, I visited in the morning Sir John 
Lowther, Lord I^owis, and die Lord Privy Seal. — (pp. 85, 86.) 

185. 

1687; October 17. Commencement of Baron Jenner's Diary. 

Went to London and at my Lord Chancellor's ; from thence to the 
King, from whom I got my charge about the Ecclesiastical Commission 
and Visitation : thence v/ent up into the Council Chamber, w^here sat in 
th(^ Council present the Lord Chancellor, the Lord President, Lord 
Mulgrave, the Bishop of Durham, the Bishop of Chester, the Lord Chief 
Justice, and Self. Then went to dinner to Sir William Oliver's where 
Colonel Philips, Father Warner etc. Thence to my House, slept, went 
to Whitehall (inter)viewed the King, then to Lord Chief Jusdce's Llouse : 
so home to bed. 

^ ' Eishop Cartwrig^lit was the Head of the Commission as Sir Charles Hedges was 
the King's advocate to manage the matter.' Burnet. 

Note to I'urnct: ' He was afterwards Secretary of State to King William and Qncen 
Ann. He was turned out a little before King William died, and Lord Nottingham 
refused to be Secretary to the Queen, unless he were restored, upon a pretence tliat he 
suffered for a vote he had given in the House of Commons, but the truth was to 
hmder Vernon from, being so, whom his Lordship did not like for a colleague.' Dart- 
mouth. Routh, ed. P- i/t- 

- Charles HeJ-cs B.A. Ma-dulca HalL 29 Nov. 1670. M.A. !\Ta-dalea College, 
3 May, 1673. JB. and D.C. L. .'6 jxinc, 1675. Chancellor of Kochester, vide infra, Oct. 20. 



1687. 



AND KING JAMES IT. 



136. 

1CD7, OcL. 17. J:'. Hcdses. 

17 0^7. [1 6] 87. 

The King Ii-iving nr)po} iited you his Council to attend his service at 
Oxon, I would be very glad to speake with }-ou this Evening- h-oni my lA 
Cheife Justice with whom I have consulted, & if y'' occasions will give 
you leave to corne to M^". Toures a Vintners in y*^ Piatza within an houre 
or 2, 01 you appoynt me any other place you will oblige 

Yr faith full servant 

Tho : Cestriensis. 
(Endorsed) — For my honoured freind 1)^ Hede-es at D^s Commons. 

{Buckhy MS.) 

137. 

1687, Oct. 18. Continuation of Bishop Cartwright's Diary. 

This bfMug St. Luke's Day, on which I did my homage, I went to my 
Lord C'hief Justice's Chn,;b_r to meet with liim and Jiaron. Jenner to 
adjust our business in order to our journey to Oxford. I diiicd with the 
Chaplains, visited Father Ft ire, and met the King with him at ChifFm's 
at lour, and took his la: t instructions :— went home, where I met Baron 
Jenner, 1)^. Johnston, D^'. Evans, JM^. Elstob, and ]\R Poulton \ and 
Sir John Lowther. 

138. 

1687, Oct. IS. Cfontiuiiation of Baron Jenncr's Diary. 

At my Lord Cinef Justice's all the morning. Dined at my Brother 
HoUoways ; Sir Andrew Forster, Bridges, Bradshaw, c^'c. At my 
Chamber. Wjnt lo my Lord Chancellor's in Sir Andrew's coach, and 
to the Bishop of Chester's Lodgings : then again to my Lord Chan- 
cellor's, where speak with him : thence home, meeting my son in Pater- 
noster Row. 

189. 

1687, Oct. 19. Coniinuation of Eisliop Cartwright's Diary. 

I breakfasted at Mr. Rowland's with the Bishop of St. David's, where 
Sir Richard Allibone was ; and my Lord Chief Justice and Baron Jenner 
met me ; from, whence we took coach and called at Uxbridge, where we 
met Judge Powel and some other lawyers. We went to Wickham at 
night, where Captain Lawson, C. Lloyd, and other officers there quartered, 
supped with us. 

140. 

1687, Oct. 19. The Citation. 

Mr Attcrbury the King's Messenger fixed a Citation on the College 
and Chapel doors. {Ih.'partial ReIaIio7i) 

On Wednesday Oct. 19*'^! the Citation was fixed on the College and 
Chapel door. {Johnsio?i.) 

^ Poulton was the Jcsiiit, who presided over the School at the Savoy, whence some 
of his pupils \vere sent to supply the places of the Deuiies who were expelitd. Vii.ie 
infra. 



no 



MAGDALEN COLLEGE 



1687. 



1687, Oct. 19. Continuation of D^. Thomas Smith's Diary. 

Wednesday, i9t^ of Octobefj an Tnbtrurncnt was affixed both upon the 
out'.vard i[»;at'. of trie College, and that of the Chapel, peremptorily citing 
IX Hough and all the Fellows to appear before the three Commissioners, 
tiie Bishop of Chester, the Lord Chief Justice \Vri,dit, and Baron Jenner 
on Friday morning at 9 o'clock in the Chapel of the said College. 

(p. 61.) 

141. 

1687, Oct. 19. Continuation of Baron Jennor's Diary. 

Set out from my own Chambers in my chariot at six for Oxford, 
called at Charing Cross, wliere we all met, and so drove to Uxbridge, 
where met by Brother Powell and Cottington : thence to Wickham to 
sup, and so to bed. Some of the officers sat with us. 

142. 

1687, Oct. 20. Continuation of Baron Jcnner's Diary. 

Set out about eigl it, — like to spoil our horses going down Stokenchurch 
bill. Three troops met us near Oxford. We went into Town, and dined 
about four : after much consulting on our business went to bed. 

143. 

1687, Oct. 20. Continuation of Bishop Cartwright's Diary. 

We came vxio Oxford, my Lord Peterborough's Regiment receiving 
us at the Town's end, where the Lieutenant Colonel, and the rest of 
the officers dined with us. After dinner D^". Ilalton \ D^. Hide" and 
Mr Archdeacon Eaton, D^. Adams ^ I\R Brown and Barnard, and 
Mr, Wickens came to visit us. 

On Thursday, Oct. 20, the Commissioners entered, attended by the 
hree troops of Horse that quartered in the Town. [Jokjzston, p. 54.) 

Ccnti}?uation of D^. Thomas Smith's Diary. 

On Thursday afternoon, Oct. 20^!^, the Commissioners came to Town, 
being attended by three troops of Horse of the Regiment of the Earl of 
Peterborough, then quartered at Oxford. {jColl. 61.) 

144. 

1687, Oct. 20. Anonymous Letter sent to D^. Hedges. 

Sir, the Knowledge that I have of your learning and ingenuity, made 
me very glad to hear of your employment at Oxford, touching this Com- 

* Timothy Hp.lton. D.D., Provost of Queen's. 

^ Thomas Hyde, of Qneen's Coli.'.'-e, D.D. 3, April, 16S2 (?). 

' Fitzherbcrt AdamS; of Lincoln College, D.I). 3 July, 1685^?). 



10S7. 



AND KING JAMES 11, 



III 



mission, for as you are an University ?Jan, and a member of the Church 
of l^nc'land, and, which is most, a conscientious honest man, you will not 
act C(^ntrary to knowledge and right, to destroy those fouiulitions of 
leorning, by which that Cl^ irch is cliiefly supported. It is ^.'^enorally a 
received opinion that the Kiiig- cannot, visit any CoUep^e but of Royal 
Foundation, where there are vStatutes that appoint Local Msitors ; and 
besides I have heard by a friend in this place that you alledged to him 
that thcr J was a Commission of Visitation issued in the tim.e of Queen 
I^lizabcth to the Earl of Leicester and others to visit that College, 
although the Bishop of Winchester was the i.ocal Visitor of that place, 
but if you will cast your eye upon the extent of that Com.rnission, which 
is heiewith sent, yuu will see that nothing was there appointed to weaken 
the Bishop of Winchester in his right of Visitation. And in the Fourth 
year of the Queen, when Coveney the President of Magdalen College 
was displaced by the Bishop of Winchester their Visitor, he applied to 
the Queen for a Commission of Appeal, and a Commission was awarded 
under the great seal to Broun and \Veston, two of the Judges, and others. 
But upon Conference with the rest of the Judges it was held that the 
Queen could not impeach the Bishop's Judgement, and that Coveney 
had rn Assize in Westmuister Hall. There is not time to enlarge further 
on thi.s subject. 

I am. Sir, your very affectionate Servant, 

{hnpariial Relation, i"^ Ed. pp. 32, 33.) 
On Thursday the 2otI> at tv/o in the afternoon they came iuto Town 
attended b}- the three troops of the place with their swords drav.-n. 

(Hunt's p. 57.) 

145. 

1687, Oct. 20. Anonymous Letter sent to D'*. Thomas Smith. 

Dear Sir, Being yesterday at Lambeth, I heard that you were gone to 
Oxford to their College, whereof all the company there were glad, be- 
cause there may be need at this time of your prudence and experience to 
assist and advise the Society in ihis present juncture. At my departure 
from thence I came away in company with one that said there was much 
debate amongst the King's Council, learned in the Law, about the 
issuing oiit this Ccmmi-^sion of Visitation now at Oxford, Some said 
that by the Law the King could not grant a Commission of Visitation to 
any College vdiere there were local Msitors appointed by the Statutes of 
the College, because they are. private Foundations, conditionally con- 
stituted and founded, and the Fellows are sworn to observe the Statutes 
at their elections to their places, as the condition whereon they have them, 
and cannot depart from them without incurring the guilt of direct per- 
jury; Mention was then made of D^. Thomas Coveney, President of 
rJagdalen College, who had been ejected by the Bishop of Winchester as 
Local Visitor of the College, and exempt from all ordinary juriscHction ; 
and thereupon he appealed to the Queen to have Visitors appointed to 
examine the Case ; a Commission was therefore awarded under the great 
Seal of England to Brov.n and Weston, two of the Judges, and others, 
but upon advice of llie rest of the Judges and Civilians, it was resolved 



I 12 



MAGDALEN COLLEGE 



1687' 



that the Queen by her Authririty Royal corild not have co,',niizance of it, 
^P'i ^^-I'lf ro-N-/n)ev' ha'l r.n •-'^■rn-Mlv' but to bring an Assize in Westminster 
Hall\ But others, v.i,i-n:or Hedges is one, did allcdge that tliere 
was a Precxieiit of a Cornmi-sion of Visitors of Corpus Christi College 
in the tenih yecir of Queen Elizabetii, although that College had the 
Bishoj) of Winchester for their Yisitoi Local, and theren.pon this Com- 
mission was made, but the same I^rson informed m^e tb.at he had seen 
that Commi, siou of Visiiation, a copy of which he said v.as with tlie 
President, and that it appears in the very words of it that the said Com- 
mission had never been issued out, had liot there been a Defect in their 
Statutes, V. hereby tlie Bishop of WinchestiM- could not then visit, because 
his visitadons are by tlicni limited to quinquennial, unless he should 
request to visit ofiener.. and it was not then tv/o years since he had 
visited, and no such rccpiest made, and even in that Commission the 
Bisliop of Winchester was made one of their Visitors, and they were 
authorizt.d by it noc to |;)roceed otherwise than the Ecclesiastical and 
IVIunicipal Lavws of ib'' b:i:id, and the Statutes, Ordinances, Customs and 
Privileges of the Coilv;.;'j did direct. So that you ma}' perceive by tins 
Discourse upon whac nii.-takcn Foundauons this Commission is built. It 
is lep-.rtcd diat the Commissioners will displace D^*. Hough, and subsiitute 
the Lord L:-hop of Oxford in his Place, but I cannot see how that can 
consist with the Statutes of the College, for if his Dismission be not 
warranted by Law, he ma) recover the Place, and all the mean Profits 
thereof of any Pcr^-'in that sb.all be ])Ut in. When 1 was at Bath the 
Kepori was ti;cre btrtiUg of tlic r.i-liup's having his ^.Taiest'/'s Leitor for 
the Presidentship, and several of the Chaplains then there formed a Letter 
to his Lord-;hip, v hereof tlie enclosed is a copy, which I desire you to 
peruse. Tl:e trutf is nothing but a verdict of twelve men, according to 
Law, can displace tiie President except lie will maake a voluntary Resig- 
nation. For God's sake as you are all men of loyalty and conscience be 
unanimous in your resolutions. The Liberty of the Church and Univer- 
sity are involved in your conduct. You have the Laws of the Land and 
common Right (in ad litiou) to the Law of God to support }"ou. Farewell. 

I am youi" affectionate humble Servant 

[Ivipariial Relation, 2^ Ed. p. 30.) 

146. 

1687, Oct. 21. Proceedings of the Commissioners. 

'The Lords Commis^^ioners, appointed by his i\Lajesty under the Great 
Seal for visidng S^. iMary ^lagdalen College in Oxford, met on Friday 
morning, the 21^* of October, 16S7, in the Chapel of the same College, 
and adjourned to the Hall, where their Commis-ion being read, their 
Lordships took upon them the execution thereof, and ordered the Fellows' 
names to be called over, and D^. John Hough with several of the Fellows 
and Scholars appearing, my Lord Bishop of Chester spoke to them 
upon the occasion of the Visitation. The speech being ended, the Lords 
adjourned till the afternoon to the Common Room of the College.' 

(ji/uisfoH.) 

* Coke 4*'' Inst, fob 346. Dyer's Rep. fob 239. 



10S7. 



AND KING JAMES IL 



' Oil Friday morning at nine of the clock thc\' (ihe Commissioners) 
went into the Cli-ipel: the President and Fcllous thinking they had 
designed to sit ir. the Quire made n^^ pr^'-parahon of seats in the outward 
(■[i.'iH'l, upon whica their Lordships adjourned to the Hall, where their 
<."ommission was tlicn read, which in general was the same as the former, 
these three being added to the other Lord Commissioners, and par- 
ticularly empowered to visit IMagdalen College only. This being done, 
the names of the President and Fellows were called over, !>. Hongli 
being first called, and all in Town appeared, except D^". Fairfax, and 
excuses made for the absent. Then a speech was made by the Bishop 
of Chester, after which the Bishop told the President and Fellows that he 
took their appearance in good part, and wished that the rest of their pro- 
ceedings miglit be answerable to this beginning. Then the Commissioners 
were conducted into the Chapel to Pra} ers by the President, Dr. Plough, 
wlio placed the Bishop in his own seat, and the two Judges next to him, 
on the same side, and sat himself in the Vice President's chair.' 

{J/npar/ia/ RtlaHon^ 

147. 

1607, Oct. 2i. Continuation of Bishop Cartwright's Diary. 

We went to IMagdalen College Chapel, where the crov/d being great, 
and no preparations made for our sitting, we adjourned into the Hall, 
v herc ti'O cr.'Af] bo'.ij: great, v/e sent -Mr. Atterbury for the Proctors, 
who came actor^MiiL ly t') kcvp the peace. I\P. Tucker read the King's 
Comraie^sion, iM'. A^icibury returned the Citation on oath. Having 
called overtlie Fellows 1 made a speech for the occasion of the visitation, 
and adjourned till 2 in the afternoon. We went to prayers in the 
Chapel. There dined with us JM^ Barnard the Proctor, IVk. Wickens, 
jMi". Brown, and the officers, and Archdeacon Eaton, who was robbed 
the night before. 

148. 

1687, Oct. 21. Continuation of D^, Thomas Smith's Diary. 

P'rida}, the 21^'' of October, 'the Commissioners came down to the 
College, and were received at the gates, which were a little before thrown 
wide open, by all of us, and they \vent directly to the Chapel, but there 
being no conveniences there, and preparations not being made according 
to their mind, they adjourned to the College Flail. Then J\P, Tucker 
the Registrar read the Commission, which being done, the names of the 
President and Fellovvs were called over, D^. Fairfax only absent of the 
Fellows which were in Town. The names of those absent from the 
University were noted, excuses made by several in their behalf for such 
their absence, the Commissioners asking where they vvere, and what 
distance from Oxford. This took up some time. After\\ards the Bishop 
of Chester, who was first in the Coir.mission, made a speech, which being 
over he adjourned tlie Court till tsvo m the afiernoon, and so went to 
prayers.' 

I 



Ill 



MAG DA LEX COLLEGE 



1GS7. 



149. 

' 1687, Oct. 21. The Bishop of Cncstcr addressed the President 
and i'ellows in the following words : — 

Gentlemen. If he, who provokes the King to anger, sins against his 
own soul, what a complicated mischief is yours, who have done and 
repeated it in such an ungrateful and indecent manner as you have done, 
and upon such a trifling occasion. You were the first, and I hope will 
be the last, who did ever thus undeservedly provoke him. There is a 
great respect and reverence due to the Persons of Kings, and besides the 
conlen^.j)t of his auUiority in this Commission, you were so unreasonably 
valiant as to have none of thobC fears and jealousies about you, which 
ought to possess all subjects in their Prince's presence, with a due 
veneration of his Sovereignty over them. It is neither good nor safe for 
pny sort of men to be wiser than their Governors, nor to dispute the 
lawful commands of their Superiors in such a licentious manner that if 
.they sometimes obey for wrath, they ofiencr disobey (as they pretend) for 
conscience sake. The King is God's minister, he receives his authority 
from Him, and governs for llim here below, and God resents all in- 
dignities and injuries done to him, as done to Himself. Now God hath 
set a just and gracious King over us, who has obliged us in such a 
Princely manner, as to puzzle our understandings as well as our gradtude, 
for he hath bound himself by his sacred promise to support our altars, at 
whichi he does not worship, and in the first place to maintain our Bishops 
and Archbishops, and all the members of the Church of England, in 
their rights, privileges, and endowments. 

No doubt but he will do his own religion all the right and service he 
can, without unjust and cruel methotls, which he utterly abhors, and 
without wronging ours, which is by Law established, and by his own 
sacred and free promises, which have been more than once renewed, and 
repeated to us, without our seeking or soliciting for them, which we, 
und'.T some Princes, might have been put to crave upon our bended 
knees. This is a most royal and voluntary present the King hath made 
to his subjects, and calls for a suitable veneration from 'them, notwith- 
standing the preten'ied Oxford Reasons which were published (by whose 
1: leans and end:,^avours you best know) to obstruct it, as if the King had 
not thorns enough growing in his Kingdom, without his Universities 
planting more. Now a Prince so exceedingly tender of his honour as he 
is, so highly just to all, and so kind beyond example to his loyal subjects 
and servants of what persuasion soever, is one under whom you might 
have had all the ease, satisfaction, and security imaginable, if you had 
not been notoriously wanting to yourselves, and under a vain pretence of 
acting for the preservauon of our Religion, you had not wilfully, against 
all reason and religion, exposed it, as much as in you lay, to the greatest 
scandal and apparent dangers imaginable. Your disingenuous, dis- 
obliging, and petulant humour, your obstinate and unreasonal)le stiffness, 
hath wrought this present Visitadon upon you, and miglit justly have 
provoked his I\IajesLy to have done those things in his di>pleasure, which 
might have been more prejudicial to chis and other Societies, than you 
can easily imagine. 



10S7- 



AND KING JAMES II. 



But though you have been very irregular in your pro\'ocations, yet the 
King is resolved to be exicilr regular in his proceedings, and accordingly 
as he is Supreme Ordin;iry of this Kingdom, vvhich is his inherent right, 
of v;hich h>e nev . r can be di^-ested, and the unquestionable Visitor of all 
Colleges, he hath delegated his Commissioners ^vith full power to proceed 
according to the just measures of the Ecclesiastical Laws, and his Royal 
Prerogative, against such offenders as shall be found amongst you, and 
not otherwise. 

It is a great grief to all sober men to see any, who would be thought 
true sons of the Church of England, act like men frightened out of their 
wits and religion, as you have certainly done. 

Never any true son of the Church of England was, or will be, dis- 
obedient to liis Prince. The loyalty which she hath taught us is absolute 
and unconditional. Though our Prince should not please, nor humour 
us, we are neither to open our mouths, nor lift up our hands against him. 

Yours, like ail other Corporation-, is tlie Creature of the Crown ; and 
liov/ then durst }0U make your S'.iti'.N s sj;niii \j:ainst their I\[aker? Is 
this your way to recommend and adorn our religion? and not rather to 
ruake it odious, by practising that in such a froward manner, which our 
Church profes^es lO abhor? Do we not pray for the King, as the Plead 
of it under Christ? Do we not acknowledge him for the Fountain of 
Honour? and does not Solomon command his son to fear God and the 
King, the one with a religious, the other with a Civil fear ? Is he not the 
Lord's anointed, and not to bt- touched but with reverence, either in his 
Crown or Person? And why should we not render then to all their dues? 
Fear to whom Fear, and Honour to whom Honour? Is not this an 
eternal tie both of ju>tice and gratitude? For where the word of a King 
is, there is Power. And who may say unto him, 'What dost thou ?' Are 
we not, next to God and his good angels, most beholden to him for our 
safety, whose honour and lawful authority we are now come to vindicate? 
Is he not the Father of our Country, and ought he not to be more dear 
to us than our natural Parents? especially considering how indulgent he 
has been to us, and what care he daily takes to keep us from biting and 
devouring one another, we know not why. Is not he the Centre of the 
Kingdom, and do not the concurrence of all lines meet in him, and his 
fortunes? and hov/ can we then understand the hmits of self-love, if a 
tender sense of his honour and happiness be not deeply rooted and im- 
printed in our souls? It wns neither dutifully nor wisely done of you to 
drive the King to a necessity of bringing this visitation upon you. And 
as it must needs grieve every loyal and religious man in the Kingdom to 
the heart to find men of your liberal education and parts so intractable, 
and refractory to so gracious a Prince, so it will be very mischievous to 
you at the Great Day of God's Visitation. Who will then be the greatest 
lo'^ers by your contumacy? For God will revenge this among your 
ottier crimes, that }ou have behaved yourselves so ungratefully towards 
his Vice-gerent as to oppress his Royal heart with grief for your 
stubbornness, to whom by your cheerful obedience you ought to have 
administered much cause of rejoicing. They who sow the seeds of dis- 
obedience have never any great reason to boast of tlieir harvest, for what- 
soever they vainly promise themselves in the beginning, they are in the 

1 2 



MAGDALEN COLLEGE 



1G87. 



end af;hamed, and afraid of the income of tlieir evil practices; and indeed 
every bOiL tn" tii-.j' iwc:!;^^ IkiiIi so ill a report in the vvorld. that even they 
v'ho are gu^'iy ii nh'ivi v-hv'es, do yet speak ill of it in otliors : let there- 
fore the disrey.' nation an'l obloquy which it will inevitably brine: u]U)n 
you, make you out of love with it, or if that will not do, let tlie stings of 
your guilty consciences, and the ft-ar of Divine vencrcance restrain you, or 
if you are still in'-ensible of all these, yet at least let tlie present fear of 
those temporal runi>l!rncnts, which the Laws of the ]vin.c-dom have 
superadded to the contemners of God's and the King's authority, oblige 
every soul that hears me this day to be subject to the Higher Powers. If 
neither a most merciful God, nor a most gracion-^ i^^iug can please you, 
your wages will he rccom|)ence upon your own heads. Were it not for 
this serpent of discontent and jealousies, which are now so busy in it, this 
Kingdom would be like the garden of Eden before the Curse, a mirror 
of prosperity and happiness to all the world besides ; but this serpentine 
humour of slinging and biting one another, and of tempting men to rebel 
against Go 1 and the Kin:--, h-ecanse otliers who differ from us in ju'leemcnt 
are as ha[t[)y as ou^^clves, will as certainly turn us, as it did our first 
I'arents, r^ut of l\iraflise. Our nation is in greater danger of being 
destroyed by p'rofaneness than Popeiy : by sin than by superstition : by 
other inii[uities than by idolatry, and I pray God that we may not see 
sacrilege once more commiited under the pretence of abhorring idols, as 
I myself have seen in this place. If there be any among you who have 
sirmed with sr. high a hand against our gracious Sovereign, as the 
obdi'.rate Jews did again>t our Saviour, saying. We will not have tliis man 
to ruk^ over us, such your petulant humour, such your shameful injustice 
and ingratitude will dt serve the just animadversions of this Court. What 
distempers thi> Co'K-g^^ is sick of, which we are now come to visit by the 
King's Commission. y(Mn selves are best able to tell us. We are informed 
of too many already, nnd yet we suspect there maybe more, and therefore 
be but ingenuous and niake a conscience of giving us sincere answers, 
and you shall fmd that wc will abate nothing ^{ the just measures of our 
duty for fear or favour to sati-^fy the importun.cies of any man, being well 
assured that God and the King will bear us out. I am sorry that you 
should any of you run so far upon the score of the King's royal patience 
and pardon, as some of you have already done : and that you should be 
in such vast arrears of duty and respect to him as you are. But they go 
far who never turn. The influence, which you may have upon other 
parts of the Kingdom, makes me charitably hope that your future fidelity, 
and allegiance will for ever answer your duty and the King's just expecta- 
tion ; and therefore I hope it will not be in vain for me to exhort you in 
the Bowels of Christ to a miore entire submission and obedience, because 
if such men as you, bred in so famous an University, are not thoroughly 
convin.ced of the necessity of it, the more popular }ou become the more 
pernicious will you be in encouraging your deluded admirers, who have 
their eyes upon you from all parts of the Kingdom, to be as disobedient 
and contumacious as yourselves, by which the honour and authority of 
the King miay be diminished, and the peace both of Church and State 
come to be endangered. Ob.ey them who have the Ru.le over you, either 
in Church or State, and submit yourselves bei^'cre it be too late, for your 



JG8V. 



AND KING JAMES IL 



contumacious behaviour towards them ^vi]l yield you no juofit at all, but 
yoLir obedience much c\'ery v, ay : tlje former \vill prove like the sin of 
W'it^ h-crafr, buf the Litlt-r will be bc^tter accepted than Sacriuee, because 
in tint you on'y off. r up a beast to God, but in this you sacrifice vour 
passions, — you slay ihem, and offer them up to God's service. Re- 
riicmber error seldom goes in company Avith obedience, and that none 
are so likely to find the way to eternal hai)piness in the end, as they who 
follow the conduct of their Superiors from the beginnmi?;: not with eve 
service, as men-pleasers, but in sinp:leness of heart, fearing God and tl'ie 
King; and whatsoever you do, do it hcnriily, as wwW) the Lord, and not 
unto us !nen ; and the Lord give you understanding in all things. 

The speech being ended, the Lords adjourned till the afternoon to tlie 
Coiiimon Room of the College. 

[Johnston, pp. 54-61.) 
Hrmt states (-MS. p. ;-,7) that the speech was read by the Bishop of 
Chester, and so the AIS. afterwards was printed by D^", johnston. 

150. 

16S7, Oct. 2). Continuation of Huron Jenncr's Diary. 

Went to the College about nine, where all things were very civil and 
quiet, only a great crowd : read our Commission, and so to dinner : there 
airain about two in the afternoon, where the crowd great, and D"". Hou*di 
very obstin.ae, and other of the Fellows. However we ])roceeded fair as 
we could, till about four; and so vent to Queen's; thence home, had a 
supper and so to bed. {JoJuision.) 

151. 

1687, Oct. 21. As above, 

Friday afternoon. At which time the Court being sat, V>^. Hough in 
behalf of himself and the Fellows demanded a copy of their Lordshif)s' 
Commission, which was denied him, and the Cour, ordered to proceed, 
and then admonished the Fellows to produce the Register of the College 
aflairs, and also to give an account of what Leases had been let for two 
years last past, together with the Benefactions given to the College; and 
hkewise ordered them to bring in the Buttery Book tomorrov/ morning, 
to which time tliey adjourned. 

(^Johnston.) 

152. 

1687, Oct. 21. Continuation of Bishop Cartwright's Diary. 

In the afternoon we called over the College Roll, and marked the 
absent, D^. Fairfax, because in Town, and not appearing, was pro- 
nounced contumacious, pcena reservata in prox. The Buttery ]>onk 
brought up by the Butler, and the Statutes by D^". Hough. D"". Hough 
desired a copy of the Commission in writing, which was denied him., and 
then he in his own name, and the greatest part of the Fellows said that 
he did submit to the v!.-,itation so far as it was consistent with the laws 
of the land, and the Statutes of the College, and no farther; and said 



ii8 



MAGDALEN COLLEGE 



1687. 



that he must suffer no alteration in any Statute by the King, or any other, 
for Nvhieh he h.-id t.ii.on an oath, from ^vhich he could not swerve, and for 
wh'ch };c qrolcd ilic Statutes confirmed by Henry VF^i, and their oath in 
them, that they wo'.dd submit to no alteration made by any authority. 
Then Hough's former sentence of deprivation was commanded to be 
read ; to whii h lie replied tli.i.t he had never been cited, nor heard, and 
therefore supposed tbe sentence to be invalid, and refused to submit to it, 
though he confessed that he hrd notice of it. The College's Petition to 
the King to recom.mend some other in Farmer's room was read ; — and 
asking them why they did not stay for an answer to it, D^. Hough replied, 
that their fifteen dnys were out before April 15, on which they had no 
other sent to them ; — and requiring him to give up the Register, he 
promised v/e should have it tomorrow morning. D^. Rogers' Petition for 
the organist's place, worth £60 per annum, of which he says he was 
unduly d^'privcd, was given in by Vj, Holloway, and filed, and so we 
adjourned till the next day at 8. We visited D^. Halton, and the Pishop 
of .Man h i\lr. Spencer, \V Welsh, and Holloway came to visit us. 



153. 



1687, Oct. 21. Continuation of Thomas Smith's Diary. 

Afternoon they called over th'e names of the rest of the College, 
PcmifS. Chapl\in>. »5cc. After this D^. Hough demanded a copy of their 
Connr :<s'i ■ hich was denied him. and several discourses happened 
hereui'on Ixt' cen them and him, about the order of the Conimissioners 
at London va; ating and annulling his Election. Then our Petition was 
read, which was delivered by me and j\P. Bagshaw to the P^.arl of Sunder- 
land on the teiuh of Aj^ril, and discourses upon it. The Commissioners 
ordered us to fetch the liuttery Jiook, the Statute Book, the Registers, and 
Ledger Books, to bring in an account of the standing revenues of the 
College, and mIuU moneys have been levied for fines for these two last 
y *ars, and what land or estate given for liospitality, which has not been 
applied for that use. They bid us deal ingenuously with them, for they 
v ould deal fairly by us. 

154. 

List of the Demies, Chaplains, Clerks, and Choristers, with 
References to the printed College Register. 

List of Demies. 
Register, vol. iii. 
Page 

... 15 
... 25 
... 24 



Holt, Thomas. . 
Cripps, Samuel. 
Jennefar, Samuel. 
Adams, Richard. 
Standard, Robert 
Vesey, Richard. 



Page 

Goring, Charles 25 

. 36 

. 38 

. 41 

. 42 

. 40 



Brabourne, John. . 
Stonehouse, George. 
26 Hyde, Lawrence . 
30 Woodward, George. 
26 Livesay, Charles. . 



^ Baptist Levini, formerly Fellow of INT. C, i664-i'-> ^3. At this time he seems to 
be playing the courtier and complimenting the Comrrxl iS! oners. 



1CS7. 


AND KING yA.)/£S 11. 


ITO 




Page 




Page 




• ' ' 43 


Cross, John 


• 51 


Fi'lham. W'l'li'jm. . 


... 42 


Wells, rheodorc, . 


0 


\\ alLins. Ivich ird. . 


... 42 


jMander, Benjamin. 


0 


Stacy, Daniel. . . 


... 43 


L';iyle\', William. . 


\J 


Shcr\\ in, A\ lUiam, . 


. • • 43 


Hanson, Thomas. . . 


• 52 


Kenton, Jc-hn. . 


• • • 55 


Adams, Samuel. 


• 52 


Bush, ?vIaxiTiiliaa. 


... 45 


I.evett, Henry. . . ' . . 


• 53 


Gardiner, Bernard. 


. • • 45 


Bagshav/, Harrington. . 


• 52 


Higgens, I homas. 


... 51 



Zisf of Chaplains. 
Register. 

Holyoake, Henry.* vol i. p. 95. Brown, Thomas. vol ii. p. 77. 
Mander, Thomas. vol. ii. p. 77. Ha^ehvood, Francis, vol. ii. p. 169. 

List cf Ckrhs. 

NichoIIs, Stephen, vol. ii. p. 79. Rigb}', 'I'liomas. vol. i. p. 103. 
Morgan, Charles. vol. ii. p. 78. Basset, John. vol. ii. p. 82. 



Smidi, Jolip. vol. i. p. 104. Williams, Thomas, vol. ii. p. 81. 

Lydford, IMatth^^w. vol. ii. p. Sr. Harris, William. vol. ii. p. 81. 

Lisi of Choristers . 

Broadhurst, Samuel, vol. I. p. loS. Clerk, Edward. . . . p. 120. 

Y:i.! leii, Tli^jir. vS. . . p. loS. I'rinrc p. 120. 

X^'otton, Charles. . . p. 119. Innis, ^^alliam. ... p. 120. 

Bosse, Richard. . . . p. 119. W'ordsworth, Robert. . p. 121. 

Price, Thomas. . . . p. 119. Stanton, Miles. . . . p. 121. 

Shattleworth, John. . . p. 120. James, p. 121. 

Bowyer, John. ... p. 120. Stubbs, John. . . . p. 121. 

Turner^ Thonias. . . p. 120. Wood, Richard. . . . p. 121. 



155. 

1687, Oct. 21. Proceedings of the Commissioners. 

In the afternoon were called over the names of the Demies, Chaplains, 
Clerks, Choristers, ?nd College Servants. The President then interposed, 
desiring leave to speak before they proceeded any further, which being 
granted he told their Lordships that : — 

President. The time betwixt your Citation and appearance was so 
short, that the Society had not time to advise with the Council how to 
behave themselves on this occasion r I therefore desire of your Lordships 
a copy of the Commission and time to consider of it. 

Bishop C. It is upon record, you may have it above. 

President, Is it the sam.e the other Lords Commissioners had ? 

Bishop C. Yes, for the most part it is. 

President. Then, my Lord, I do assure you, and wall miake oath of if 
you please, that I have often endeavoured to get a Copy of it, and could 
not procure it. 

I-.ord Chitf Justice. Have you not heard it read, or will you hear it 
again? 



I20 



MAGDALEN COLLEGE 



1087. 



Praidmt. I am noi capable of maldiig- a judr!;enicrit of it myself, but 
it is pos^>iblc tluit there may be err()r> and defects in it, such as the 
Society m ;y mal e use of to their own advantnp^e, and 1 am confident it 
is ni-idi .r his ^hijesty's intention, nor }"our Lordships, that we should be 
debarred from it. 

(A copy was then denied.) 

Bishop C. Dr. rioui^h, will you submit to this Visitation.^ 

I'rtsu/tnl. Isly Lords, I do declare here in the name of myself and of 
the gre:,:Ler part of the Fellows, that we submit to llie Visitation so far as 
it is consistent w ith the Laws of the Land, and the Statutes of the College, 
ar.d no fu^-Lher. I desire your Lordshi[)s that it may be recorded. (This 
was twice repeated.) 

Lo?'d Chief Justice. You cannot imagine that we act contrary to tlie 
Laws of the Land, and as to the Statutes the King has dispensed with 
them. Do you think that we come here to act against Law.? 

Vrcsidni!. It does not become me, my Lords, to say so, but I will be 
plain wilh your Loidsb.ips. I find tiiaf. }our Commission gives you 
authoiity to change and alter the StaLUtes, and make new ones as you 
think fit. Now, my Lords, we have an oath not only to observe these 
Si.atu.es (laying his hand on the Look) but to admit of no new ones, nor 
alterations in tliese. This must be my behaviour here. I must admit of 
no alteration from it, and by the Grace of God never will. 

liishop C. Do you observe all these Statutes.? 

Presidenl, Yes, my Lord, I hope we do. 

Bishop C. You tjave a Statute there for I\L\ss, whv don't you read 
Mass? 

The Ertsidcuf. My Lord, the matter of this oath is unlawful, and in 
such a case no man is obliged to observe an oath. Besides the Statute 
is taken away by the Law of the Land. 

Bishop C. By what law ? 

E>^. Stafford. By that which obliges us to say Commoji Prayer. 

J>ishop C. What, the Act of Uniformit\' ? I have often considered it, 
and do not remember one word of .ilLiss in it. 

E)''. Sidford. But that obliges us to use the Liturgy of die Church of 
England in all Collegiate Churches and Chapels, and I hope, my Lords, 
you do not imagine that we can say Coramon-Prayer and Mass together. 

Bishop C. Do you allow that an Act of Parliament can free you from 
the Obligation of a Statute 1 

Tlic President. I do not say but that his IMajesty may alter our 
Statutes, nor do I know but a Parliament may do the same : I dispute 
not their power, only this, my Lord, I say that I, who already have taken 
an oadi to observe the Statutes as they now stand, and am sworn not to 
admit of any change or alteration by any authority whatsoever [and then 
turning to the oath, where they were to observe these Statutes and no 
other, according to the literal and grammatical sense etc., and reading it 
to their Lordships] can obey none. But then those who come after such 
limitauons and restrictions are m.ade, are not obliged to observe them, 
and that, my Lords, is our case as to the Statutes of the AL^^-Ss. 

Then die Di cree of the 22nd of June was read, declaring the 
President's Ele< tion null and void. 



1087. 



AND KING JAMES II. 



121 



Bishop C. Did you knov.- of this Decree etc. ? 
I'/ie J'i tst(i:/ii. '/c:->, iviy Liud, I ]ia\o Iieaid of it. 
Bishop C. V.'hy ih :n did } uu not obey ? 

T/ic l''rr::'Ij?iL I was never cited before their Lordships, nor was 
either heard by them in person or proxy; and I think that I am the only 
instance that is extant of any man, who was ever deprived of a Freehold, 
wherein he was legally invested, and of which he v/as quietly possessed, 
without being summoned or heard. 

(Here mention was made of D^". Fairfax's SLis])ension.) 

The Prcsidail. -My Lord, he is ab-ent, and if your Lordships give 
me leave. J. have somewhat to say on his account ; your Lordship may 
please to observe in tiiat Decree that the reason given, why D^". Fairfax 
was suspended from his Fellowship was because he had not observed his 
Majesty's command in not electing N\y. Anthony Farmer, President of 
the College : now the charge of immorality given in against N\y. Farmer 
by the Coll i.e ] )oirLMtcs was made out, and their Lordshi|w fully satisfied 
in it C'-i Llie z-r/^'' {ii'v, iiotwithsianding whicli this Decree fir -i; ^p-, n^ion 
of D". Fairfax was fixed on the College gates on the 2<1 of August. 

Bishop C. The King hath for the most part recommended to the 
Pre^i(hni-,l ip c f th.is College. 

The rrcsil nt. I am the twentieth President, and only four of that 
number have been recommended by the Kings and Queens of England, 
whereof three were ever}'way qualified for that office. 

Bishop C. "^Mio V. ore those? 

Jlie Pres' U}it. My Lord, there was one in the time of Edward VL^'s 
one in Queen Elizabeth's, and two in the late King's reign. 

Bishop C. Was there never a one in the Reign of King Charles i*^. ? 
Tfie Presid.'iit. Y\0\ that we know of. 

Bishop C. What think you of D^. Oliver .? To my knowledge, as I 
am informed, he had a mandate, and carried it about from Fellow to 
Fellow, and showed it to them and they went into the Chapel, and imme- 
diately elected him. 

7Iie Presidtui. It doth not appear to us, my Lord, that he ever had a 
mandate, no such thing appears upon our Register. 

Bishop C. But it appears to us, and I will bring you one to swear that 
he had a mandate. 

Lo/ d Chi f Justice. Where is your Register? Let us see them. 

The President. The truth is that we have lost die Register of D^". 
Oliver's Election and admission : the Register between the years 1640 or 
thereabouts and 1660, being taken away by those, who were turned out 
of the College at that time. But I believe, my Lord, we are able to 
prove that he was elected and admitted according to the Statute. 

Bishop C. Ls this your way of dealing with us ? First, you quote your 
Statutes, and tlien tell us they are taken away. If you have any Register, 
deal above board with us, as we w^ill with you, and let us see thern. 

The President. We have one of the time since the King came in. 

Bishop C. Where is it? Send for it. 

7a"' President. We cannot come at it, for there are several keys to the 
Door, and D^. Aldworlh has one, he being Vice-President, and lie is out 
of To\\ n. 



122 



MAGDALEN COLLEGE 



1687. 



Bishop C. He is not far off, is he ? let us send for hirn. But I know tliat 
D**. .Md-' -'"'^ : • of 1 n-riHrmnri, nnd too submissive to 

authority, that he could not keep a ]vey, since he is pronounced not Vice- 
President. Deal in5onuou'=;]y with us. If he hath not the Key say so, 
JD^. Houiih, have you any Register in your own keeping.? 

The Prcsidoit. Yes, niy Lord. I have one, but 1 coriceive that by the 
Statutes I am oblipcd to keep it, and therefore I desire time to consider of it. 

Jhshnp C. No Time — but let us see it. 

Thti President. Well, my Lord, you shall. 

Baron Jcniier. lie questions our authority, I think. Did not our Com- 
mission Sciy that we v\-ere to call for, and see, all Papers and Registers ? 

Jiishop C. Well, Gentlemen, if your Statutes can no way be altered, 
how came the late D^. Clarke to be admitted President ? Was he a 
statutable person ? 

The President. Yes, my Lord. 

Bishop C. Dv~> not your Statutes require that he should be in Orders.? 
W'as he in Orders ? 

T/ie /^resident. ?dy Lord, the vStatutes only require that he should be a 
Doctor of Divinity, Physic, Law, or Master of Arts. There is indeed 
one Statute that says, that the President or Senior Fellow should read 
Prayers upon certain days, from whence v/e conclude that the Founder 
sup])Osed that we might have a President, that was not in Orders : and in 
such a case he takes care that the Senior Fellow should do his Duty. 

Chiirnoih. My Lord, will you be pleased to ask D''. Plough \\hetlier 
Dr. Cla' ke was ni.u ried or not .? 

The President. No, Sir, he was a ^^''idowe^. 

(Then the Petition was read from the Society to his ^lajesty, signed the 
nmth of April, and presented on the tenth to the Earl of Sunderland by 
the hands of D^. I'homas Smith and Captain Bagshaw, wherein it was 
set forth that having heard that his ^Majesty would recommend i\P. Farmer 
to them, a Person incapable, they did humbly beseech him, either to leave 
them to a free Election, or recommend a qualified person.) 

Bishop C. Was this Petition answered.? 

The President. Yes, 

Bishop C. Why then, did you not stay for his Majesty's answer ? 

T/ie Pr-'sident. l\ly Lord, we did, till the very last day, wherein we are 
limited to finish the F^lection, and my Lord Sunderland returned us in 
the King's name this answer 'That His IMajesty expects to be obeyed.' 
Now, my Lords, we did no longer defer the Election because our Statutes 
enjoin us (to elect) within such a time, and we did stay to the utmost, nor 
could we choose the Person whom His Majesty did recommend, knowing 
him to be so unfit, as we afterward made him appear to be. 

Bishop C. Grant that I\K Farmer was not capable of it, how comes it 
to pass, that when you had read the King's mandate you sent word to the 
Earl of Sunderland that the Person, whom the King had recommended, 
was unfit for the place, and that before you had humbly desired his Majesty 
would recommend another that was fit for it, and you would thankfully 
receive him. And yet notwithstanding when the Earl of Sunderland's 
answer cam.e with a mandate to you to elect the Bishop of Oxford, you 
sent him word that the Place was full : my Question is how you came to 



'.»■{- 



3687. 



AND KING JAMES IL 



123 



fill that place contrary to the King's mandate and your own proposals in 
that Letter ? 

■The President. Had the Kin.,c; sent another Person, and that Avithin 
Statutable lime, %v." had thankruUy received hirn. iMy Lords, within 
fifteen days (as I have already informed your Lordships) they (the 
Fellows) were bound to elect a President, and because the iLarl of 
Sunderland's Letter came not in that time, they were forced to make such 
an Election as you see. 

Lord Chief Jusiicc. A mandate always implies an Inhibition in respect 
of all others, and by virlue of the King's Prerogative there is supposed a 
Reserve frr»m what private Statutes require. 

The President. IMy Lord, I cannot conceive that, neither since the 
College was founded hath there been any instance of that nature. 

Bishop C. But I can, and, if you question it, here is the King's 
Councel ready to argue it, — at what time was your College founded? 

77/t' President. In King Henry the Sixth's Time. 

Bish'-.f) C. ^\'e]I, wlien the King sutlers a College to be founded, 
he always supposes such a res(.r\'e for his own Power. 

The President. When a King suffers a College to be founded within 
his Ki.\gdom, and approves of the Statutes that were made for it, and 
nothing is therein expressed, implying such a reserve, we, to whom 
the Statutes are delivered, and who positively swear to the observance of 
them, cannot have such a reserve implied in them ; whilst the Person 
whom his Maie-iy i ceommends appears duly qualified for the Place, it 
S( ems indved to imply that we should not proceed to the Election of 
another, but when he is known to be utterly incapable it seems to be the 
same aS if tlvere W( re no Letter at all. 

Bisi'p C. Well Gent'ernen : in short. First of all, I demand all your 
Registers. Secondly, I demand (an account of) the Revenues of your 
College, with an account of your Benefactors, what every one gave, and to 
what use the money was assigned, and how it was employed upon your- 
uses, and how tar cc»nvoi ted to others, and in plain English how far it 
was designed for Hospitality. Thirdly, I demand a copy of all your 
Leases, which you have let for two years last past, — to whom you have 
let them, and what Fines you have received upon them. iMr. Steward, 
do you hea^, pray look out your leases. 

The Preside?^*. 'My Lord, this requires time, and I hope you will grant it. 

Bishop C. Till Tuesday next. 

(Some other Things and Questions less material were put, and then 
the Court was adjourned till Saturday the 22^^, at nine in the morning to 
The Common Room, the Hall being, as they said, too public and in- 
commodious.) {Impartial Belation.) 

156. 

1687, Oct. 21. Letters from Henry Holden (Demy 1682, FeUow 
1686) to his Father M^. Humphrey Holden of Erdington, co. 
Warwick. 

Honoured Sir. The Conimissioners came to iMa(<dalen College 
Chapel, but disHking the Place as inconvenient, immediately adjourned 



124 



MAGDALEN COLLEGE 



1687. 



to the Hall. After reading the Commission the Bishop of Chester in ?. 
h',-.: • ; . :h ' '-eprhr^nrled the Fellows of their disobedience, 
teJlinp; them that tlicir obstinacy looked like rebellion, which is as the sin 
of Witchcraft, and exhorting them to a timely compliance as the only 
means to prevent their eminent ruin &c. which done all the Fellows were 
called over, and they adjourned to the afternoon. 

The Court being seated, they called over all the members of the 
House, and as they were going to proceed, D^. Hough addressed their 
Lordships in these v/ords : — that he and the Fellows did submit to the 
Visitation so far as it was consistent with the laws of the Realm and the 
Stntutes of the College but no further : that they had but tv^-o days 
notice to prepare for it, desiring further time. The Visitors replied, God 
forbid they should do any thing contrary to law, but their Statutes could 
be no law to their judicature, overruling their plea for longer time of 
(preparation?): then they demanded why they had elected D^'. Flough in 
couLempt of a Mandate for M^. Farmer. It was replied that M^. Farmer 
was not qualified in any resj)cct, as had been sulTicientiy proved : — that 
they had petitioned his Majesty to have a Statutable Person named to 
them, but not receiving an answer till the time limited by the Statutes 
was just expinncr they had made choice of D^'. Hough, v.ho was elected 
in due form, and confirmed by the Bishop of Winchester their Visitor : 
that they had not received any prohibition ; nor could they elect or 
admit of the Bishop of Oxford, for as much as M-hen his mandate came 
the Place vva- full ahead v. To this the Court urged that the Kings 
mandate for Farmer (though a man unqualified) was in effect an inlii- 
bition from choosing any other till His pleasure was farther known, upon 
which followed much debate about the obligation of their Oaths and 
Statuies, which their Lordships would have to be understood with refer- 
ence to the King's dispensing power in all Corporations, as being Bodies 
of his Majesty's creation, and mere products of his grace and favour. 
Dr. Hough spake very fully to all particulars with so modest, calm, and 
yet assured mien, with so much reason, eloquence, and gracefulness, as 
charmed not only his Judges, but even his enemies too. One thing 
amongst many other he told them, v/hich I will not omit, that he had 
never in the whole course of his (office ?) been called to appear, and 
that he imagined he was the first instance of any Person that had been 
condemned unh^^ard. The Court then ordered three things, i**^ to have 
the College Registers produced. to have an account of what Bene- 
factions had been given for Hospitality and Charity and how they are 
now disposed of. 3^^^^>'. that they should deliver in a hst of what Leases 
and Copies had been renewed for the two years last past, for what Fines, 
and so adjourned till the next morning to the Comvion Room as more 
convenient to keep out the Crowd, which was very troublesome. 

157. 

1687, Oct. 22. Letters from Henry Holden, Fellow, continued. 

The first thing they did was to call in D^. Hough, with whom they 
discoursed in private for an hour, asking whether lie thought himself 



3 687. 



AND KING JAMES IT. 



lawful President, and advising him to recede quietly, and leave his 
Lodgings kc, all which he refused. In the discussion he told them that 
he perc':'ived that they were resolved to put him out, and as he had 
before op['] ed 1 imsLlf to them, as Judges, so now if they were Persons 
of honour and Gentlemen he urged them that they would represent him 
to the King as his ^Majesty's most dutiful Subject ; that notbdng but his 
oaths and (conscience ?) would have moved him to withstand his 
Majesty's pleasure, and that he should think himself most miserable, 
should he be under his Prince's disfavour. Their Lordships accepted 
very well what he had offered, and assured him that they would acquaint 
the King with all imngiaable favour in his behalf. The doors were then 
opened, and the semence of deprivation read, with the Mandate for the 
Bishop of Oxford. The Fellows were asked singly whether they would 
assist at his enstallment, which all but two or three refused. 

They adjourned till after dinner, at which time D^*. Hough appearing 
entered his protestation that whereas their Lordships pursuant to an 
Order from above had pronounced his place void, and struck his name 
out of the }3utter}'-Book, he did protest against all that they had done, or 
should at any time do, in prejudice of him and his right, as illegal, un- 
just, an ! null, and did hereby appeal from them to our Sovereign Lord 
the King in his Courts of Justice. 

Upon speaking the same indiscreet persons set up a great hum, which 
so incensed the Judges, already nctded at his remonstrance, which they 
said was iiself a Riot, that they instantly bound over D^. Plough in 
£1000 B('nd, and two Sureties in £500, to appear at the King's Bench 
Bar on November the i ^t^i, though he and all the Fellows offered to 
make oath thai they were not in the least privy or abetting to it. The 
Court then took occa-^ion to express a very great esteem for the parts 
and person of the Doctor, — that they would all have ridden a hundred 
miles to serve him, but that they must of necessity animadvert upon so 
great an affront put upon his I\Lijesty, and his Representatives; with 
which the day's Proceedings ended, the Court being adjourned till 
Tuesday. 

158. 

Anoriymous Letter sent to the Lord Chief Justice Wright, 
probably written in Oct. 1687. 

To the Lord Chief Justice Wright. I have known your Lordship to 
be a man of Integrity and Justice, and though you have great tempta- 
tions, I cannot believe that you will depart from the Principles thereof. 
The employment your Lordship is involved in is a great Cause. The 
eyes of all the Kingdom are upon it ; it is not only the case of Magdalen 
College but of all the Colleges and Halls of private Foundation in both 
the Universities. Queen Elizabeth was invested with greater authority in 
cases of Visitation than any of her Successors. There were two 
Statutes in the First year of her Reign that gave her great power: the 
first was [irintod, b-dng the Act for restoring to the Crov/n the ancient 
jurisdiction of thj State Ecclesiastical. Tiie second was not printed. 
It was entitled ; — an Act giving authority to the Queen to make Or- 



1^6 



MAGDALEN COLLEGE 



1687. 



dinances in Collegiate Churches and Chapels. It has ahsvays been lield 
as a La^v that the King could not visit any College (but Ivoyal Founda- 
tions) whore there are Local Visiu^rs ap}>ointed by their h'ounders, and 
ah.hough 'haf- Queen (PJizabeth) was invcsltd with those Povvers men- 
tioned, tiiere is no instance that can be given of any the li]:e Commission 
issued by her. as that by your Lordships, I know th.at there has been a 
Precedent mentioned of a Commission of Visitation issued in the tenth 
year of Queen Elizabeth to the Earl of Leicesler, and others, to visit 
Corpus Christi College in Oxford, but that does in no sort agree with 
your Lordships Commission, for that was awarded ui)on a defect in the 
Statutes of the College, for the Bishop of Winchester, dieir Visitor, could 
not visit, for iie is (allowed) by the Statutes but once in live years to 
visit, and he had vi.^iicd scarcely two years before, and so could not then 
visit. And upon that it was that a Commission was granted to visit; 
and even in that Commission the Bishop of Winchester was one of the 
Visitors, and they authorized to plead no otherwise than according to the 
Ecclesiastical and ^Municipal Laws of the Land, and the Constitutions, 
Ordinances, Customs, and Privileges of the College, and such rules and 
articles as were used by the Bishops of Winchester in their usual Visita- 
tion ; as your Lcrdih.ip may see more at large in an P'.xtract of that 
Visitation here enclosed. I'here is another Case reported in Dyer : it is 
7'homas Coveney's Case. 

I desire your Lordsliips further to consider that the King is manifestly 
wronged in this pro. ,.';!• ire. He is to be advised by my Lords, tiie 
Judges; and it he lo nii.sled, the imputation must be to you, and if any 
Extraordinary Course be used to these poor men, v.ho in the general 
belief of both the Universities, and the whole Kingdom, have not 
oflended the Laws; the Question will be of strange consequence, for 
Property and Right will never want friends, and the sulTerers for it the 
compassion of mankind. Your Lordship's most humble Servant 

( Impartial Rela tion .) 

159. 

1687, Oct. 22. Proceedings of the Commissioners. 

Dr, Hough was called in, and it appearing to their Lordships that his 
Election to die Pr-^sid( nt's Place was made null and void by a sentence 
given by the Lords Commissioners for Ecclesiastical Causes, and that 
he, the said D"". Hough had legal notice of the same, but notwithstanding 
the said sentence he had refused, and still did refuse to submit thereunto, 
the Court ordered him forthwith peacably to depart the College, and 
deliver up the Keys of the Lodgings, and they struck his name out of the 
Buttery Book, and having so done, declared to the Eellows, that he was 
actually expelled, and admonished them not to own him as their 
President. 

Then the Court asked the Fellows whether they would admit the 
Bishop of Oxford their President according to the King's Mandate, but 
all of them refused, except Charnock, but said ihat they would not 
oppose it. 

Then they adjourned till the Afternoon. {Johnsio?i) 



1687. 



AND KING JAMES IT. 



127 



160. 

1687, Oct. 22. Proceedings, continued. 

As soon CIS thoir LorJsliips raet in the Common Room, and the Society 
before them, the first word was, ' Withdraw/ and after a httlc time the 
President was called in alone. 

Bishop C. Do you submit to the Decree of the Commissioners v/hereby 
your Election is declared null ? 

The Prcsideni. As to the Decree of the Lords above, it is a nnllity in 
itself from the beginning to the end, so far as it relates to me, I never 
having been sued, or having ever appeared before them, either by Person 
or by Proxy. Besides my Cause itself, I was never before them, their 
Lordships never enquiring, or asking one question, concerning the 
legality and Stalutablenes^ of my Election, for v>hich reason, as I am 
informed, that Decree v/as of no validity against me, according to the 
methods of tiie Civil Lav,-. But if it were, I am possessed of a I^'reehold 
according to die Laws of England, and the Statutes of the College, having 
been elected as unanimously, and with as much formality as any one 
of my Predecessors, who wei e l*residents of this College, and afterwards 
admitted by the Bishop of Winchester, our Visitor, as the Statutes of the 
College require. And therefore I cannot submit to that sentence, because 
I think that I cannot be deprived of my Ereehold but by course of Law 
in Westminsf.er PJall, or by being in some way incapacitated by the 
Founder's ^■Latutes. 

Bishop C. Will you deliver up the Keys of the President's Ofllce and 
Lodgings for the use of that Person, whom the King hath a[)poinLed jour 
President, as the Statutes require? 

21ie Presidtnt. As the Statutes require, my Lord. 

Bishop C. Yes, as your Statutes require. 

The President. I will immediately do it, if that appear. 

Bishop C. Turn to that part of the President's Oath, where he pro- 
miseth to submit quietly, if he shall be expelled, e ther for his fault, vel 
ob aliani causa m. 

The President. IMy Lord, that Statute only concerns me, if I be ex- 
pelled for any fault committed by me. 
Bishop C. Vel ob aliam causam. 

The President. Tlien, my Lord, to be short, here is no cause at all. 

Bishop C. I ask you again, Will you deliver up the Keys to the 
President whom his Majesty hath appointed ? 

The President. I\Iy Lord, there neither is, nor can be, a President so 
long as I hve and obey the Statutes of the College, and therefore I do not 
think fit to give up my Right, the Keys and Lodgings. 
Bishop C. We may demand them of you as Visitors. 

Th'' President. INIy Lords, we never deliver up the Keys to die Bishop 
of Winchester, and we own no greater Visitatorial Power than his. He 
hath the King's authority. It is by virtue of a Royal Charter, that we 
live together, and enjoy the benefit of this place, that empowered our 
Founder to give us a Rule, and obliged us by oath to act suitably unto it : 
and the Bishop of Winchester is hereby constituted to be our Visitor, and 



128 MAGDALEN COLLEGE 1687. 

all iliis v;e o'.vn from the Kinc';'s aiuhorily. The Bishop of Winchester 
I.; v.ui ur .';;v'"y A^i' i* : tlie King, I presume, our extraordinary. But 
)'our I.ord.slrip knov.\3 it hath been controverted whether the King can 
visi' pnv;ue Col'c.re or not? The authority of llie President is made 
by delivering up the Statute Book and Keys, and therefore I look upon 
them as an essential B:idge of my offjce. But 1 humbly beg that I may 
ask your Lordships one question. Your Lord:5hip is pleased to demand 
of me to give up these things. J^oes your Lordship own my Right 1 
For if not, what is it your Lordships would have me give up t 

Bishop C. No, we look upon you 9S an Intruder. 

The President. If I am an Intruder, the Bishop of V/inchester made 
me one, and I thank God for it. ls\\ Lords, the time we have been 
allowed for this appearance has been very short, only one day betwixt it 
and the Citation. We are more ignorant in the Laws, and I must 
confess it of myself in particular that I have endeavoured to give your 
Lordships a plain i;iid satisfactory reply to such cjuestions as your Lord- 
ships hive bo;:n r''>^.i- c i to put to nie. It is ver}- probable that through 
ignorance and inadvertency I may express myself unwarily. If so, 
I beseech your Lordshij^s, let no adv.mtage be taken of it, my intention 
has bjen always ;.o express myself with all imaginable duty to the King 
and respects to }our Lordships. If I have done otherwise, I beseech 
your Lordships' candour in a favourable interpretation of what I said, 
that nothing may be taken amiss, where all was dutifully intended. 

And now m}- Lord-, thus far have I appeared before }ou as judges. 
I no'v ad ire.-, s yon a - Men of honour and Gentlemen. I beseech }ou to 
represent me as (.lutifulto his Majesty to the last degree, Us I always will be 
so far as my conscience permits me to the last moment of my Life, and 
when I am di '^oossest here I hope your Lordships will inlerceed that 
I may no longer lie under his Majesty's displeasure^ or be frowned upon 
by my Prince, which is the greatest affliction that can befall me. 

Upon this the President was ordered to withdraw, and, after a little 
tine he and the Fellows were called in again. I'hen the Bishop 
rCijjeated this Question. 

Bishop C. V)^. Hough, will you deliver up the Keys, and quiet posses- 
sion of the Lodgings to the Person whom his Majesty has appointed 
President? To this no answer was returned. The Bishop repeated a 
second time. 

The President. i\Iy Lords, I have neither seen nor heard any thing 
to induce me to it. 

Bishop C. D^. Plough, will you deliver up the Keys, and quiet posses- 
sion of the Lodgings to the person whom his Majesty has appointed 
President .? 

Whereupon the King's Proctor stood up and accused D^. Hough 
of contumacy. Then the Bishop of Chester admonished him in these 
words three limes : — D^. Hough, I admonish you to depart peaceably out 
of the Lodgings, and to act no longer as President, or pretended Pre- 
sident of this College. 

Wlvlch being so done they struck his name out of the (Buttery) Book 
and admonished the Fellows, and others of tiie Society, that they should 
110 longer submit to his authority. {Jmpariial Relaiioni) 



1087, AND KING JAMES IT. 129 

(It would appear that there were some in the Hall at the time of this 
■' -r-Tr -n^rr., v.-'v ^-^ r^>ol: no' OS of~ it at the time, or wrote down, 
afierwards .vliar. |)o: lions of it they recollected. This ^vill account for 
certain v:iriati'.>ns :;iid rddilions vvhieh maybe found in 'The Impartial 
Relation,' in ' the account of it m W'ilmot's Li/e of Hough^ and in the 
* Corpus Christi Colie''<e Manuscript.' 

For example in Wilmot's Life, after the Denial of a Copy of tlie 
Con:mission, the Bishop of Chester says to D^. Hou^rh, What is the 
reason that you act as President, since the Election was declared null and 
void by the Lords Commissioners sittin,;^ at Whitehall in June last, and 
the Fdiov, s stand out in contempt of the King's I\Landate? 

ly . lIoKL^h. i\Iy Lord, both m} se]f and the Fellows have taken oaths, 
so strong and binding, that we cannot depart from them without offering 
the greatest violence to our consciences. It was according to the 
Statutes of our Co'.I.,-pe that they made choice of a President, and there- 
fore they were not cipable of proceeding otherwise; and as to myself, I 
liave been condcmneil at Whitehall, and turned out of my property 
wiUiout giving me a hearing, or so much as a Citation to appear. 

* * * -j^ * * * 

Bishop C. Will you d liver up tlie Keys to the use of that Person, 
whom the King has appointed President, as the Statutes require ? 
D''. Bough. As the Statutes require, my Lord? 
Bishop C. Yes, as the Statutes require. ' 

B''. J/ ::.^/!. "My Lord. 1 will immediately do it, if that appear. 

Bishop C. Turn then to the Statutes vvhere he promises to submit 
quiedy, if he shall be expelled, either for his own fault, or other cause. 

v. II ugh. Tlii-: Statute doth not concern me, if I be not expelled for 
any cause committed by me. 

Bishop C. Vtl ob aliam caiisam. 

D"". Hough. Then to speak the truth, my Lord, here is no cause 
at all) 

161. 

1687, Oct. 21. Dr. Fairfax. 

At the first Sessions D^. Fairfax purposely absented himself; but ]\R 
Alterbury making alddavi: he was in Town, and that he advi.sed him to 
appear, the Doctor accordingly did so the next day (Friday, Oct. 21). 
The Doctor being called in alone, and the Doors immediately shut, he 
begged of the Lordships some company might be let in, because, as all 
had observed, the Bishop in his Speech at the opening of their com- 
m.ission promised to transact every thing in the face of the world. The 
Bishop complained of the Crowd. The Doctor then desired to fetch in 
but two or three, at length but one, and him at the door, viz. the College 
Steward, a Public Notary. 

Baron Jtuner. You must not think to prescribe to the Court. 

Bishop of Chester. What is the cause of your contempt in not appear- 
ing at either of the Sessions yesterday ? 

If. Fairfax. No contempt, my Lord, but for these ensuing reasons. 
I thought my Suspension above had eased me of that trouble. The 

K 



MAGDALEN COLLF.GE 



1687. 



Doctor tendering a copy of it, Vvhich was read by the Commissioners, the 
"Poctor in'--- ted v.^ry rniich on the reasons their Lordships at Whitehall 
gave for his Suspension, viz. For not obeying his IMajesty in electing 
M"^. Fanner, hr; tend; ring a Co})y of Articles made good against him, 
and yet their Lordships ordered his Suspension to be fixed on the 
College Gates five days after that famous hearing. A Second Reason 
for his non-appearance was that upon the first day of the ensuing term 
he intended .o mxCct the Lord Chief Justice at his Court of King's Bench 
for relief against the Sentence, his FelIov;ship being a Freehold: witness 
Coveney's Case. 

Bishop of C/iesfLK. You will find but little favour there. 

D^. Fairfax. ]\ly Lord, in Courts of Judicature I only expect Justice, 
and (turning to the Lord Chief Jusdce) I have myself, said he, been 
above four }-ears in all tlie Courts of Westminster Llall, and found ex- 
cellent justice, and I will see how it is now. 

Ford Chirf Justice. You shall have justice. 

D' . Fairfax. Lut your Lordship may save me the labour of two 
journeys, and my charges, by improving your Lordships deserved iniercst 
with my Lords Commissioners there, and get them now to take off my 
Suspension. It is ill travelling at this time of year, and besides I am 
not rich. 

Baron Joiner. To sue in Westminster Hall requires a Purse. 
D^. Fairfax. My Lord, I did not say that I was poor. 
F.ord Ckif fuUice. You must make your supplication and submission 
to the King. 

D^. Fairfax. INIy Lord, tliey tell me that this business lies in your 
Lordship's Court, and only there. Besides the trouble I am otherwise 
to give yc'ur Lordship, what a noise will the cause make that D^. Fairfax 
is suspended for this very reason, viz. for not obeying the King in electing 
Anthony Farmer, such a virtuoso : and under correction your Lordships 
are obliged to take off my Suspension, to take olf the shame from that 
Body, whose number by a com.mon adjunct you yourselves have lately 
increased. 

Baron Jtuner. We must not endure these reflections on the Court. 

Bishop of Chester. But will you submit to this visitation ? 

Then D^. Fairfax read a paper subscribed by him, dated Oct. 21, in 
these words ' Afy Lords, I have been summoned and appeared in this 
cause befoie the Lords Ecclesiastical at Whitehall, wiih whom your 
Lordships are now joined in Commission, and then gave in my answer. 
I have nothing to add to it, and find no reason to retract.' 

* Henry Fairfax.' 

Bishop of Chester. Will you admit the Bishop of Oxford ? 

Ff. Fairfax. I am suspended. 

Bishop of Chester, Flave you done no Collegiate Act since your sus- 
pension 

D"", Fairfax. INIy Lord, I have gone into the Hall, and laid in my 
chamber. I did not think their Lordships, when they suspended me, 
ever intended that I should not eat. drink, or sleep. 

Bis /top (f Chester. If your suspension was otT, would you submit to 
the Bishop of Oxford .? 



t 



1637. 



AND KING JAMES 11. 



jD\ Fairfax. Truly, my Lord, I cannot do it. 
i iiCii ut^i uuc 1 — J ..,.1,. v.cU'^J iiiU') Court, 

The Piesident b -mg wiil.dr.VAn, the iUshop put the Question to all the 
I'ello-^vs, viz. wh-'iher they would assist at the admission of the Bishop 
of Oxford to be installed President by virtue of the King's IMandate ? 
To which was answered by all the Fellows to this effect (except Di\ 
Pudsey and Dr. Thomas Smith, who answered doubtfully, and Charnock 
that he would assist; that they were under oaths to the contrary, and 
therefore could not do it. 

Then all were ordered to withdraw, and Dr. Pudsey being called in 
aloi.e, they asked hhn concerning the manner and form of instalHng a 
Proident, which he instructed them in. 

I'he Court adjourned till two in the afternoon. 

(Jmpariial Relation^ 

162. 

1687, Oct. 22. Coutinuation of Baron Jcnuer's Diary, 

Went to the College about eight, sat in the Convnon Room : ail })ersons 
being first turned out, we consulted what and how the next thing was to 
be done: then went on with D"". Hough, pronounced him contumacious,' 
and put his name out of the }3ook, and admonished the Fellows not to 
own lilm as President; and enquired into some of their contempts; then 
adjourned till tv\n. 

The J-)ishop of Man (1 baptist Levinz) dined with us. A Libel against 
the Pishop of Chester left in the morning. When we went again the 
joom vejy full, ^md havi;]g home^ proceedings against the Fellows, 
D''. Hough came in with a great company, and did appeal from us to 
the King in his Courts of Justice, whereupon there was a Plum, which 
we took notice of, and my Lord Chief Justice required the sureties for 
their good behaviour from the Doctor, who having withdrawn, we con- 
sulted about this appeal, and then called them all in, and overruled their 
appeal, and the Doctor was bound in £iooo himself and £500 apiece 
his bail, to appear at the King's Bench this next term. Then we 
adjourned till Tuesday, — came home, and we filled the packet for 
London, and in the mean time the Bishop of Man came from the 
College, and D^. iledges desired leave to go to the College, and upon 
the whole we have yet some hopes of their complying in some measure. 
The following Letter was written to my Lord Chancellor. The Vice- 
Chancellor and some of the Heads came to see us this night. 

May it please your Lordship. We have sent a Letter to my Lord 
President with a particular account therein enclosed of our proceedings 
here, by which it will be seen how the College have carried themselves 
towards us, but by reason of the Bishop of Oxford not appearing in 
person, and the King's Mandate for admitting him not being directed to 
us but to the College, we have foreborne the executing the same till 
l^uesday next, that we m.ay give this account in the Literim, and receive 
your LordsLi[)S commands herein, vrhich we shall be ready to observe, 

* So in Dr. Bloxam's MS, 
K 2 



MAGDALEN COLLEGE 



1C87. 



further craving leave to acquaint your Lordsliip that we humbly conceive 
cannot proceed lurther against D^'. Ilougli than ex[inlsinn (vvliich is 
already clone) by the powers we as yet have. We therefore beg the 
fp.vour of your Lordship's ad\ice and direction which shall be readily 
obeyed by your Lordship's most humble and dutiful Servants, 

Thomas Chester, 
Robert Wright, 
Thomas Jenner. 

P.S. ]\Iy Lord, since the writing of this Letter we have reason to 
believe we shall have an entire submission from the College on Tuesday 
i:ext, for D^. Hough since his expulsion lias left tlie College, and taken 
Lodgings in the Town. 

(Another Letter to the like purpose was written to my Lord President, 
signed by us all, wherein our proceedings at large copied out were sent.) 

163. 

1687, Oct. 22. Conlmuation of W. Thomas Smith's Diary. 

Adjourned to Safirday, 22'^ October, 9 in the morning, to die Coniuion 
Rooin^ where all Ihc other mee Zings of /he Court ivere hi Id. We were all 
soon bid to withdraw. I'hen the President was called in by himself, 
where after some debate, as he told us, he was admonished to deliver up 
tlie Keys of the Lodgings, which he refusing to do was ordered to \vith- 
draw, and after some little time we were all called in togetlu.'r. 
Cartwright, the Bishop of Chester, admonished D'. Hough three times to 
depart the College peaceably, to deliver up the Keys, and to quit all 
further p^retensions to the Presidentship. He replied that he would not 
deliver up his Keys, no, not to the Bishop of Winchester, — that he had 
never been cited, and could not be turned out of his freehold. They 
answered him that he had been cited as Fellow, and that he was never 
owned by them as President. He still persisting, Mr. Leigh, Proctor for 
the King, desiring sentence of the Lordships against D^. Plough for his 
contempt and contumacy, the said Bishop of Chester proceeded in these 
words: — 'Dr. Fir ugh, by virtue of the King's authority, and a sentence 
passed at I ondoii by the Lords Commissioners for Ecclesiastical Affairs, 
we deprive you of the President's Place, and order you to depart the 
College presently ; and we order also your name to be struck out of the 
Buttery Bock.' 

Afterwards Dr. Fairfax was called in by himself. Soon after all the 
Fellows. The Kiiig's Letters JMandatory for admitting the Bishop 
of Oxford President were read. The Fellows were asked in these 
words, whether they would obey the King's IMandate for the Bishop 
of Oxford to be President. D^. Fairfax, v.'ho did not appear the day 
before, being under a Suspension, said nothing, D^. Pudsey demurred 
at first, and said that he would submit to the King, though he could 
not admit (the Bishop of Oxford), but that he wobid be present at 
the Admission. -My answer in my turn v.'as, word for word, this, as I 
put it doun there in the rr;om in my ntjte Ix K^k ; — ' My Lords Com- 
missioners, if it be the King's pleasure to make the Bishop of Oxford 



1G87. AXD KING JAMES II. 133 

l^resident, and that your I^ordships acting by that authority have declared 
hiiii such, I '.iu, because I iiiLi.->i, submiL. I make no opposition.' All 
the rest refused^ : lyiri': that it v.a.s acainst tlie v^Marutes and their Oath; 
and would nr.-. e:.c;cpi .a'T. Ciiariiock and M'^. Thoinpson. The Com- 
missioners prit down every Fellow's answer in writing. It was said then 
that 1)^. I biaigh had been examined in private, wliereupon they told us 
that it w;.s only for the greater convenience to themselves and us, but 
that the;, did nothing but what they would let all the world know, and so 
they read J'^''. Hough's answer. Then they said to us, if you think that 
v.e have nut taken your answers right, put them in writing yourselves 
r gainst t;ic afternoon, to s^'hich time they adjourned. 

(6>Zi<^^//, col. 61, 62.) 

164. 

1687, Oct. 22. Contimiation of Bishop Cartwright's Diary. 

We called in the Steward with the r>ool's of Leases and Court Rolls, 
vhich Y/cre delivered back to him, till v,e made farther use of them. 
Th.e I'Mitlei- brouirht the Buttery Book, and D^. Hough being called in 
again, J ti'ld l im : — 'Doctor, here is a sentence under Seal before us of 
the King's Conmiissioners for visiting the Universities, by which your 
I^lection to the Presidentship of Magdalen College is declared null and 
void, which you yc-t rciay h':ard read, and of which }-ou confessed your- 
.-•■It have k a i r 'la e IxMoro it being fixed upon your doors. This 
sentt-ncc. an 1 the authority by wijich it was passed, you have contemned, 
and m coni. inpt thereof have kept possession of the Lodgings and office 
to this day, to the great contempt and dishonour of the King and his 
authorify. Are you yet villing upon second and better thoughts. First, 
to submit to this seiUence passed by the Lords upon }ou, or not.? 
Sc'ccmdiy, Will )-ou deliver up the Keys and Lodgings, as by a clause in 
your oath at \our admis?ion you are tied to do, for the use of the Pre- 
sident, who has the King's Letters iNLmda'orv to be admitted into that 
office?' 

To the first he says that the decree of the Commissioners is a perfect 
nullity from the beginning to the end as to what relates to him, he never 
having been cited, nor having ever appeared before them either in his 
per.^on or by his [>roxy ; b isides, his cause itself was never before them, their 
Lordships never enquiring or asking one question concerning the legality 
and statutableness of the Election, for which reasons he is informed that 
tlie Decree was of no validity against him, according to the methods of 
the Civil Law ; but if it had been, he is possessed of a Freehold according 
to the Laws of England, and the Statutes' of the Society, having been 
elected as unanimously and with as much formality as any of his Pre- 
decessors, Presidents of the College, and afterwards admitted by the 
Bishop of Winchester, their Visitor, as the Statutes of the College require j 
and therefore he could not submit to that sentence, because he thought 
that he could not be deprived of his Freehold, but by course of Law in 
Westmin-ter ILdl, or by being in some ways incapacitated according 
to the Founder's Statutes, which were confirmed by Fling James the 
First. 



^34 



MAGDALEN COLLEGE 



1687. 



Then tlie Doctor asked, ' whcllier v.-c acknowledged his Title to tlie 
Pit;siueni.ship/ i i^^-iiL-a, No, for we looked upon him as mak"e ndei 
Possessor, or an intrnder/ He replied that 'the }-5ishop of Winchester 
laade hiia so, and -^.ad that he v^'as satisfied uith his o^vn Title, and 
therefore did not think himself concerned to apj)1y to the Commissioners 
till called, and thai he cx|)ects legal courses should be taken ac^ain-t iiim, 
if he keep legal Po>session/ To which, I re[>lied, ' that the Election was 
undue, because the King had laid his hands upon the College, which 
vas an Inhibiiion.' 

To the second question he answered that 'there neither is, nor can be, 
any rVe>id.a-)l SC' long as he lives and obeys the laws of the Land, 
and the Statutes of the Place, and therefore he does not think it 
reasonable to give up his Right, nor the Keys and Lodgings now de- 
manded of him. He takes the Bishop of Winchester to be their ordinary 
Visitor, and the King to be his extraordinary, as he believed, but it had been 
contro\ e; Lcd v lictlicr tiic King had power to visit or not (in Coveney's cDse 
4 IlHz.), a^..! } ct i o j dcn\- him the Ke}S, Ix-cause he looks uijoq 
commanding ihi^ Ke\s from him to be requiring him to deliver up his 
office. He said that he had appeared before us hitherto as Judges, and 
that he n>)\v addressed us as men of honour and judgement, and besought 
us to represent him as dutiful to his IMajesty to the last degree, as he 
always w ould be, where his conscience permits, to the last moment of his 
life : and when he is dispossest, he hopes that we will intercede.. Uiat he 
may no. Ion: .r 1:- und.er his Majesty's displeasure, or be frovv-ned upon by 
his Piince, which would be the greatest affliction that could befall him in 
this world.' Which having promised, I admonished him to depart peace- 
ably from the l-'iLsident's Lodgings, and to act no more as President, or 
pretended Pie^^ident of the College, in contempt of the King and his 
authority, i' 2'-% tl Ttrtio. 

j\P. Leigh accused his contumacy, and prayed our Judgement, which 
"was this : — * The Lords Commissioners for Ecclesiastical Causes, and for 
viiiting the University, have declared the- Presidents Place of this College 
to be null and void, and therefore, v,e, by \irtue of the King's authority 
to us committed, do order and command D^". Hough forthwith to quit all 
pretensions to the said office, and that his name be struck out of the 
Buriery-Bock, and we do admonish you the Fellows, and other members 
of this Society no longer to own him as your President. 

Then we read the King's Mandate for the Bishop of Oxford, and so 
adjourned to the same Cojnmon Room till 2 in the afternoon. 

165. 

1687, Oct. 22, Proceedings. 
Vi^. Hough came into the Court, and made his Protestation against the 
Proceedings, and anpealed from the same as illegal, unjust, and null, 
as he asserts. Whereupon there was a tumultuous hum, or acclamation, 
made by the bystanders, which gave the Court some disturbance, in- 
somuch that they thought fit to bind over D^. Hough in £iooo, and two 
Sureties in £500 each, to ap|)ear at the Kings liench, and again ad- 
monished D^. Hough to quit die College, wdach lie according!}' did that 
night. {Johnston) 



168T. 



AND KING JAMES IL 



166. 

1687, Oct. 22. Proceodings, continued. 
(Saturdu}' the 22nd of October, at two of the Clock in the AfLernoon.) 

The Commissioners being seated a Letter^ from D^. Pudsey to the 
Earl of Sunderland va^ read, dated Aug. 28. Then the Feilows present 
desired of the Lords Commissioners tliat ^hat had been transacted be- 
tween them and D^. Hough in the morning might be pubHckly read, 
which much ado was granted. 

JUshnf) C. Since D^. Hough's Place is declared void, will you admit 
the Bishop of Oxford President ? 

Fiiloivs. Without deliberate perjury, my Lords, Vn'c cannot do it. It 
is not in our power to do it. We will noi do it. 

Bishop C. Will you Sir ? (speaking to IMr. Hawles.) 

Ilawles. ]My Lord, J am passive. 

Bisliop C. Passive, what do you mean by passive ? 

Udiclcs. My Lord, it is so common a word in the Church of England, 
find so plain, that it needs no explication. 

Bishrh C. Will you Sir? (speaking to Mr. Weelks.") 

Weelks, I cannot agree to admit the Pishop of Oxford without pre- 
meditated perjury, and I will not do it. 

Bishnp C. Well gentlemen, give us your answer in form that we may 
:>atisf\ tiie King. 

F''lloivs. My Lord, we were forced by our Statutes to go to election, 
a Statutable Section we have made by all our consents. D^. Hough 
was elected. By our Oaths we are bound not to admit of any other : 
and forasUiUch as the King's ^Mandate for the Bishop of Oxford came 
too late, we conferred our power upon D'". Hough, neither is it in our 
power to transfer it to another. 

Bishop C. Well then, you all consented to that Letter, which was sent 
by Pudsey to the Earl of Sunderland, in answer to the King's Man- 
date to the Bishop of Oxford, that told him that the Place was full. 

Fellows. Yes, mv Lord, we did. 

Bishop C. Did you Sir .? (to D^. Stafford.) 

D'. SLiford. My Lord, I did consent to a Letter. 

Bishop C. But to that Letter. Will you have it read ? (It was read.) 

IP'. Stafford. Oh I yes, my Lord, to that very Letter, that very Letter. 

Bishop C. Did you Sir .? (to M^. Charnock.) 

Charnock. No, my Lord, I was out of Tovm. 

Ftlloivs. My Lord, he was in Town ; but that Letter was agreed upon, 
and sent from the Chapel. Had he been at Prayers he had known of it, 
but, my Lord, he never comes to Prayers. 

Bishop C. Did you Sir > (to Mr. Bayley.) 

3I\ Bayley. Yes, my Lord, I did consent to it, and do, and it is my 
opinion still. 

Bishop C. Then I see that you are resolved not to admit the Bishop 
of Oxford. 



See above, No. 98. 



136 



MAGDALEN COLLEGE 



1687. 



The Felhii's. My Lord, wc cannot do it. 

JJiiring this Examination the President came into Court without any 
3ltcndan( e, and having wailed till it was ended; and their Lordships at a 
pause, he made his application to them. 

The President. My Lords, if your Lordships please to give me leave, I 
would gladly speak a few words. 

They were all plca^ed to put off their hats, and say he might, where- 
upon he said : — ' Aly Lords, }'ou were pleased this morning in pursuance 
to a Decree of the Lord's Commissioners at London to deprive me of my 
Place of President of this College, and to strike my name out of the 
Lutlery Pjoo!:.. I do hereby Protest against all your Proceedings, and 
against all that you have done, or hereafter shall do, in prejudice of me 
and my Right, as illegal, unjust and null, and therefore I appeal to my 
Sovereign Lord the King in his Courts of Justice.' 

Upon which the Strangers and young Scholars in the Room gave a 
Hum, which so incensed their Lordsh.ips that, notwithstanding all the 
protestations that the President and Fellows could make, the President in 
particular oflering to purge himself by Oath, that he was in no ways 
accessory to, or abetting of it, and declaring that he was heartily ashamed 
i^nd troubled a: it, yet the Lord Chief Justice was not to be pacified, but 
charging it upon-the President, he botmd him in a bond of £1000, and 
security to the like value to make his appearance at tlic King's Bench Bar 
on the twelfth of November. 

]Moreo\er the Lord Chief Justice said that he had met with nothing 
Lut aflVonts from the College, for when he came into the Chapel, there 
was nr. table, when into the Hall, no carpet, (saying to some of them 
who b -gged his pardon) that the affront was done to the King whom 
they represented, and they could not pardon it, and as for himself, he 
valued not what ])eople said of him, but was resolved to vindicate the 
honour of his Master to the last drop of his Blood ; and if the Civil Power 
could not keep them in order, the Military should. 

About this time several officers then in Town came into the Room. 

Bishop C. There was a Libel dropped here this morning, which might 
be by some of you ; and when we came into Town, as we passed along 
in the Coach through the High Street, I put off my hat to some Scholars, 
lliat were in a Pooliseller's Shop, and one of them instead of returning 
the civility, cocks up his hat to show his pretty face. He was one of 
this Llouse, and I spoke with him this morning, and shall speak with 
him again before I go out of Town, and make him know himself. 

After this v;as read the Answer of the Fellows returned to his Majesty 
upon his command to them to elect the Bishop of Oxford. This answer 
was under the hand of a Public Notary, and subscribed by all the Fellows 
then present, except Charnock. The Bishop of Chester was pleased to 
charge the Fellows with unmannerliness in sending such an answer to 
their Prince after such a manner. 

So they adjourned till Tuesday, the 25^1^ of October, at 8 of the clock 
in the morning. 

[Im par Hal Relation 



1087. 



AND KING JAMES JL 



167. 

1087, Oct. 2Vi. Continuiition of D". Thomas Smith's Diary. 

The Court being seated, ]>. Hough came to the Table, and after a 
little while said to the Commissioners : — * Whereas your Lordships in 
the morning liave dcj^rived me oT my freehold, and have struck my name 
out of ibe BuU .ry Book, 1 do protest against your Proceedings ns illegal, 
unjust, and null, and do appeal to our Sovereign Lord the King in his 
Courts of Justice.' Upon which there was a great hum, which put the 
Commissioners out of all j>atience, who had before treated us with all 
imaginable c.mdour and gentleness, saying that they would never suffer 
the King's authority to be thus affronted, and ordered the guilty persons 
to be apprehended, but the crowd being great, and the noise coming 
from behind, no one could be discovered. The Chief Justice Wright 
saying that he would defend the King's authority while he had blood in 
his bo('y. and tlu a telling 1)^. Hough that he was the cause of this rude 
behaviour b)' ins popular Protest, which he might have made in the 
moining, — that he had broken the King's peace, — that now he had 
brongh in the Civil power over us, — that if need were he would use the 
]\Iihtary,— that he would make him answer this affront done to the King's 
Authority in the King's- Bench-Court, and therefore would require 
securities for his appearance there the following term ; and for his good 
behaviour. I\Ir. H. Clerke of Eyfley (Iftlcy) and Mr. Ilolden, Fellow of 
the ColK.ge, w ere bound in £500 each, and himself in £1000. All the 
Fellows disowned the great rudeness, and proferred their Oaths upon it. 

Then a Letter was showed to D^. Pudsey, written by him in the name 
of the Society in August, being an ansvver to a Letter of the Earl of 
Sunderland about the King's i\Lindate for the admission of the Bishop of 
Oxford as President, which he owned, and all who were then j^resent at 
the writing of it, — that the President's Place was full, and that they could 
not admit any other, further adding that they could not depart from 
that I :tfer. 

The Court then adjourned till Tuesday morning, saying that they would 
give us time till then to consider, and that if upon better advice and 
dehberation the Fellows would retract, they would not surprize them. 

{flobbett, col. 62.) 

168. 

1687, Oct. 22. The Lords Commissioners sent the following 
Letter to the Lord President. 

My Lord, 

By his r>Iajesty's INIessenger we have sent your Lordship a par- 
ticular account' of our Proceedings, to which we humbly refer, in which 
your Lordship will perceive the Temper of that Society. IMy Lord, we 
hope that your Lordship will easily believe that we are not unwilling to 
do anvthing which may vindicate the King's Honour and Authority, but 
we humbly desire to be well advised by your Lordship on the methods of 



* See No, 169. 



138 



MAGDALEN COLLEGE 



1687. 



not appearing: in person, having no power ns we hunil'ly conceive, either 
it, for v.e are now a lirile at a stop by reason of the Bir^hop of Oxford's 
by the Kinj.^'s Afandaic, or by our Cximinission, to admit him by Proxy, 
His sty's Leiter Mandatory for tlic same being directed to the College, 
who all, but two or tliree, do as yet refuse it. We tlierefore humbly pray 
your Lordship to despatch his IMajesty's Mandate directed to us to admit 
the Bishop or his Proxy, or that you v.ould be pleased to give us some 
other directions, such as your Lordship in your great wisdom shall judge 
more expedient. We do crave leave also to intimate to your Lordship 
that it is our humbl<^' opinion, that we cannot proceed any further than 
I'xpulsion against D'". Hough (which your Lordship will find already done) 
according to the Power w e have by the Commission, and we humbly pray 
your Lordship's Pardon and further commands, which shall be readily 
obeyed by his Majesty's most dutiful Subjects, and your Lordship's most 
humble Servants 

Tho. Cestricnsis. 
R. Wright. 
Tho. Jenner. 

My T,ord, since the v.riting of this Letter. v;e have reason to believe 
that ve shall have an entire submission from the College on Tuesday, for 
Hough since his expulsion hath left the College, and taken lodgings 
in the Town. 

{Johns ion.) 

160. 

1687. Oct. 22. TliG Lords Commissioners send to Court the fol- 
lowing occoimt of their iDroccedings up to Saturday night. 

His IMajesty's Commissioners for visiting the College of S^. IMary iMag- 
dalen in Oxford, being yesterday (viz. Thur>day 2 0^^ of October) come 
at the time appointed (viz. Friday Oct. 21.) for the President, Fellows, and 
Scholars thereof to appear, their Lr)ril-hi|;s took upon them the execution 
thereof. iSly Lord Bisho[) of Chester made a speech to them upon the 
occasion of the Visitation, and after an adjournment of the same to the 
afternoon, there then apf^eared D^. FLiugh and several of the Fellows, and 
n^o i of tie Svjholars and officers of the College. Hough objected to 
the shortiics^ of the time from the notice of the Visitaiioti, and prayed a 
copy of the Commission and time to consider of it (which was over-ruled 
by the Court) saying that if he and they could take any advantage from 
the Commission, he hoped that the King and their Lordships did not 
intend to bar them of it. And (in his own name and the greatest part of 
the Fellows) he said that he submitted to the Visitation so far as was con- 
sistent uith the Laws of the Land, and the Statutes of the College, and no 
further, and that he could sutler no alteration of the Statutes, neither by 
the King, nor by any other person, l^hen the Sentence given the 22*^ 
day of June, 16S7, against D". Hough's Election, and for the removing 
him from the office of President of the College, was read, and he was 
asked whether he knew of it beincr given aciinst him. He replied that he 
had noiice of it. but siM tliat Le was lio Party to it, aiid so v;as advised 
that it did not in any wise concern him. 



1C87- 



AND KING JAMES II, 



139 



The Sentence likewise against Aldwortb and D^'. Fairfax, for sus- 
peiiv.hii^ tiicm, was icaJ ; u.id the PeliLion of D^. Aldsvortli, D^. Fairfax, 
and Others, delivered to my Lord President on the tenth of April ^ was 
also n.ad to tiiem, to which was replied tint they had no answer from my 
Lord President but that 'the King expected to be ol^eyed/ and they 
receiving no other IMandate than that for admitting M^. Farmer they pro- 
ceeded to elect IM^". Hough. 

Then after their Lord.-^hips' orders to them to bring in some Books and 
Papers relating to the Revenues and government of their College, they 
adjounicd to eight of the clock this morning. 

SoUirday, Oct. 22. Who being met, and such Books brought in, D^. 
Hough being called in, the Bishop of Chester told him, 'Doctor, here is 
a Sentence under Seal before us of the King's Commissioners for visiting 
the Univer-i'Jes, by which the Election to the Presidentship of Magdalen 
College is lerlared null and void, which you heard yesterday read, and of 
whi.jh you confess yourself to have had legal notice before, by it being 
fixed u}>on the doors. 'J'his sentence and the authority by which it Mas 
passed you have contemned, anti in contempt thereof have kept possession 
of the Lodgings, and the office of President to this day to the great con- 
tempt and ilislicnour of the King and his authority. Are you yet willing 
upon better and second iiioughts to submit to the sentence passed by their 
Lordships against you or not ?' 

To which he answered that the Decree of the Commissioners is a 
perfect nullity from beginning to end, as to what relates to him, he having 
never been ci;cd, nor c>'er ap})oared before them, either in his Person or 
Proxy. Jn sides the c:'use ii. self was never before them, their Lordships 
never enquirin;';, nor .isking one question concerning the legality or 
statutableness of the Election, for which reason he is informed that that 
Decree was of no validity against him according to the methods of the 
Civil Laws, but if it had any, he was possessed of a Freehold according to 
the Laws of England and Statutes of the Society, having been elected as 
unanimously, and with as much formality as any of his Predecessors, 
Presidents of the said College, and afterwards admitted by the Bishop of 
Winchester their Visitor, as the Statutes of the College required, and 
therefore he could not submit to that sent<mce, because he thought that 
he cruld not be deprived of his Freehold, but by course of Law in 
Westminster Hali, or l\y being in some way incapacitated according to 
the Founder's Statutes, wdiich are confirmed by King James the First. 

The Second Question put to D^. Hough was, whether he would deliver 
up the Keys and Lodgings to the use of the President, who hath the 
King's Letters Mandatory to be admitted into that office ? 

To which he answered, that there is not, neither can there be, any 
President while he hves, and obeys the Laws of the Land, and the 
Statutes of the Place, and therefore doth not think it reasonable to give 
up his Right, nor the Keys and his Lodgings, now demanded of him. 
He takes the Bishop of Winchester to be his ordinary A'isitor, and yet he 
would deny him the Keys, and he looked upon their Lordships command- 
ing it to be a requiring of him to dcHver up his office. 



^ See above, No. 20. 



140 



MAGDALEN COLLEGE 



1687. 



He said, that, he had appeared before their Loi dsliips as Judges, and 
lint be ViO". ' ■ ]:i]r,, ■••![" lo ihcni as men of Monour and Gentlemen, 
and did 1).;. - < i ;K; m to represent him as dutiful to his Majesty to the 
last degrte, as he always \\\\\ be where his conscienee permits to the last 
moment of his life, and when he is dispossest here he hopes that they will 
intercede, that he may no longer lie under his ]\Iajest}''s displeasure, or be 
frowned upon by liis Prince, which would be the greatest afiliction that 
cO'.'ld bcKil him in this world. 

'j'hen their Lordships admonished him three limes to depart peaceably 
from the President's Lodgings, and to act no more as President or pre- 
tended President of the College in contempt of the King and his audiority, 
which he refusing to do, IsV. Lee, Proctor to the Lords, accused his 
contumacy, and prayed the Judgement of the Court, which was thus 
pronounced : — The Lords Connnissioners for Ecclesiastical Causes, and 
for visiting the Universities have decreed the President's Place of this 
College to be null and void, therefore we by the authority to us committed 
do order and command you D^. Ilough forthwith to quit all pretensions 
to the said ofhce. Upon which th.ey ordered his name to be struck out of 
the Buttery Book, whicli was accordingly done, — and they admonished 
the Fellows, and other members of the Society, no longer to own him as 
their President. 

Then the King's INIandate for admitting the Bibliop of Oxford was 
read, and they were then ordered to withdraw, and being soon after called 
in again tlic (}u< : lion was put to the Fellows singly, one by one, whether 
they would ndniit the Bishop of Oxford as their President according to 
the King's IMandate. D^. Pudsey said diat he would submit to the King, 
and would be by, but could not act, being Bursar. D^. Thomas Smith 
replied, ' My Lo'ds Commissioners, if it be the King's pleasure to make 
the Bishop of Oxford President of this College, and your Lordships acting 
by that authority have declared and made him such, I tlo, because I must, 
submit. I make no opposition.' Charnock said that he was ready 

to obey the King's Mandate. All ilie rest of the Fellows refused to 
receive him as Pre^ident, as being agairisl theii Statutes and Oaths, and 
that which would make them guilty of perjury. All whose verbal answers 
were taken in writing by the Commissioners, and their Lordships after 
some time said, ' if you think that we have not taken the answers right, 
put them in writing yourselves against the afternoon,' to which time they 
adjourned the Court. 

The Court being seated in the afternoon, D-. Hough appeared with a 
great rabble of followers, and after a short time said, ' Whereas your Lord- 
ships this morning have been pleased, pursuant to the former Decree of 
the Lords Commissioners, to deprive me of my Place of President of this 
College, and to strike my name out of the Buttery Book, I do hereby 
protest against the said Proceedings, and against all that you have done, 
or hereafter shall do, in prejudice of me and my right, as illegal, unjust, 
and null, and I do hereby appeal to our Sovereign Lord the King in his 
Courts of Justice.' 

Upon which there was a tumultuous Hum in the Room, which the 
Lords Commissioners resented very much, and said that they would never 
suffer the King's authority to be so aftrgnled. My Lord Chief Justice 



1687. 



AiXD KING JAMES II. 



341 



said thai he would defend the King's auihority wlule he had blood in his 
b-^dy, n^'l ■•■•■d H. tlin.t he was the occasion of this Mis-behaviour 
l-y his pnpu'ar i\r( .ic--[aii()ii. which he might have made in the morning, — • 
tihat he liad br-.^kc ii t'mc K'ng's Peace, and tliat now they had brought in 
the Civil Power over tlicm, and that if need were diey would use the 
IMilitary :— ^bal he must an^/.\ er that affront of the King's auchority in the 
King's Lkncli Court, Upon wliich he was bound in a thousand pounds 
Bond, and his sureties in ib'.e himdred pounds apiece. 

Then the Bishop of C^iiester gave the Doctor an answer to his appeal. 
* Doctor, we look upon the ap])cal as to the matter and manner of it as 
unr'-'asoaable, and not to be admitted by us: First, because it is in a Visi- 
tation in v. bich no appeal is allowable. Secondly, because our Visitation 
is by commission under the broad Seal of England, which is the Supreme 
Authority, therefore we over-rule this Protestation and appeal, and 
admonish you once for all to avoid the College, and obey the sentence.' 
The Doctor and Fellovvs dc-clarcd th.eir grief for the disorder of the 
crowd, and disclaimed the ir having any hand in it. 

After whicli D^, Pudsey's Leiter to the Lord President being read, their 
I-ordships asked the Fellows concerning die King's verbal command to 
dieia at Ox'.or<i, t-"^ which iht-y said that it was to f'/fr/ the Bishop of Oxford, 
which tiiey could not. Then being asked v/hy they did not admil him, 
v/hich was all that the King's Letter required, and to which the verbal 
command referred, eight of the Fellows ^ said they were not there, and 
thirteen' owned ihz.i diey were, and gave consent to the Letter. 

{Jolnisfon.) 

john Gilman said that ' the Statutes of the College, to wliich I am 
positively sworn, are the only rule of my actions and obedience in this, 
and all other cases^ of the like nature, and I conceive that the Bishop of 
Oxford has not those statutable qualifications, v»-hich are required, therefore 
I cannot assist at the admission of the Bishop of Oxford.' 

(Johnston.) 

170. 

1687, Oct. 22. Continuation of Bishop Cartwright's Diary. 

Afternoon; D^. Pudsey's Letter, 28^^ August, 1687, was read, which 
the Doctor owned, and the Fellows their consent to it. We asked them 
concerning the King's \erbal command to them at Oxford, which they 
said was to ehct die Bishop, which they could not. We asked them why 
they did not admit him, which was all that die King's Letter required, 
to which his verba! command referred. D^. (Thomas) Smith, D^. Bayley, 
Dr. Ilawles, Mr. Bagshaw, Hicks, Harwar, Cradock, and Charnock, said 
they were not there. D^. Stafford, M^: Aimont, Rogers, Dobson, James 
Bayley, Davys, Bateman, Hunt, Gilman, Penneston, Holden, and Weelks, 
said they were. 

Dr. Plough came in with a great crowd of followers, and said, ' Whereas 
your Lordships this morning have been pleased, pursuant to die former 
Decree of the Lords Commissioners, to deprive me of the place of Presi- 
dent of tins Cvjllege. and to strike my name out of die Buttery Book ; — I 



' See below, No. 170. 



^ Ibid. 



142 



MAGDALEN COLLECT': 



1637. 



do hereby protest against the said proceedings, and against all that you 
^^;;ve d'-n "-, or !1•■•'•^■^^^v-r ^■■'■.a!! do. in prejudice of me and niy right, as 
illegal, unjust, and null, and I do hereby rt]>peal to our Sovereign Lord 
tl'C K iig in liis Courts of Justice/ — Upon which the Ra])l.)Ie hummed, and 
D''. Hough \vas accused by my Lord Chief Justice of bringing them in ; 
upon which he required the peace of him, to which he was bound in 
£1000 bond, and his two suredes in £500 each; and I gave the Doctor 
this answer : — Doctor, v. e look upon your appeal, as to the matter and 
manner of it, to be unreasonable, not admissible, and not to be admitted 
by us. ist. Because it is in a Visitation w hen no appeal is allowable. 2^^^. 
Becau? ' our Visitation is by Connnission, under the broad Seal of 
England, v hich is the Supreme Authority, and therefore we overrule this 
your protestation and appeal, and admonish you once for all to avoid the 
College, and obey the sentence. 

The Doctor and Fellows declared their grief for the disorder of the 
crowd, and disclaimed having any hand in it. JNIr. Tucker read the 
Paper, 4^'^ SerU., attested by a }^ub!ic Notary., and delivered to the King, 
and the Fellows acknowledged it to be theirs ; after which we adjourned till 
Tuesday at eight in the morning. 

7 he Viee-Chancelior (Gilbert Ironside, \Varden of Wadham College) 
the Warden of New College (D'". Henry Beeston), and others, came to 
visit us in the evening, and the Bishop of Man (Jiaptist Levinz) from the 
College, to beseech us not to animadvert upon the libel or the humming, 
but to accept their acknowledgements of the just respects whi( h they pro- 
fessed to owe us for our candour toward.^ them : after which we sent a 
messenger with an account of what we had done to the King, and a 
Letter to Lord Sunderland, and the Lord Chancellor. 

(Sunday, Oct. 23.) 

LLiving had prayers in our Lodgings, we went to Sermon at Christ 
Church, where 1)^. Smith preached : from whence we returned to dinner, 
anc" with us the officers, 3>L''. Chetwin, M'". Brown, and our Landlord and 
Landlady. After which we went to S^ i\Liry's to Church, where the 
Preaclier, IMr Entwisle of Brasenose, made reflexions on some Bishops, of 
whom the Papists had hopes, but that they must destroy them all before 
they could do their business. After wliich we visited the Master of 
Bra>enose (John INIeare), the Proctor (Thomas Bennet) the Warden of 
AH Souls (Leopold William Finch) and INK. Clarke, w^here the Warden of 
New College (Henry Beeston) came to us, and we supped with the 
Bishop of Sodor and jNL\n (Baptist Levinz) where the Provost of Queens 
(Timothy Hatton), and the Warden of xVIl Souls met us, and we staid 
till eight at night. I received the Bishop of Oxford's Letter, and 
answered it. 

171. 

1687, Oct. 23. Letter from Bishop CartwrigM to the Bishop 

of Oxford. 

IMy Lord, your Lordship's third Letter found me at Supper with m.y 
Lord Bishop of "Jan, where 1 was forced to stay till the victun.ls ^vere 
taken off to answer it. When the two former came to me I could not 



1087. 



A\D KING JA^rES II. 



gain leisure to write my name, the King's business and yours obstructing 
vr-.:.. I n.m rorry for year confinement botli for your sake and my own, 
for I am sure that it will keep me here the lontrer, and if your Physicians 
will not giant it, my Lord Chief Justice is heie, and will send you a 
Habeas Corpus to bring- you to the King's I'abic any day this week. 

The Demurrer of his Majesty's installing you by Proxy is because the 
IMandate is not directed to us but to the College, who all but two refuse it, 
anil th'.r'-rore ve lhou.;ht hr to send up a messenger last night to give an 
account of what was passed, and to request a IMandate to install your 
Proxy, by wliich you v.ill fiiHl that 1 did not forLCt \ou, and though I 
could not answer your Letters, yet your expectations I v;ill on Tuesday, 
^vilether the ^Messenger return or not. llie scrtiple v/as not made, nor 
countenanced, by me : but when we have done you justice, and vindicated 
the King's honoejr and authority, I shall show my face at Cudsden, and 
pay my respects to yourself, and my good sister, who is your best 
Physicip.n, if you would follow her Prescriptions. In the mean time pray 
make use of my Brotlier of the Brush, and my sister, and yourself, or 
pretend no kindness to your affectionate Brother 

Tho. Cestriensis. 
{Impartial Rdation.) 

112. 

1687, Sunday, Oct. 23. Continuation of Baron Jenncr's Diary. 

* Went to prayers at our own lodgings, and thence to Christ Church, to 
Church, N\ljere the Hca^is in Scarlet; and dined at home. ]\P'. Browne 
an;l otl ers dined with us. — Then went home for J hour. Thence to 
INLiry's, ^here one M^. Entwisle of B.N.C. preached about ordination. 
From thence we went to Brasenose to the Principal's there. Thence to 
University College, to the Proctor there. Thence to Lloiloway's. 
Thence to All Souls to 'M^. Finch the Warden there \ Thence to my 
Lord of Man's, where supped, where received a Letter from my son of all 
being well at home, but of the Princess's miscarriage. The Bishop used 
me net well at my Lord of Man's, wliereupon I came home on foot, i.e. he 
shghted me much. 

173. 

16S7, Oct. r.3. Lord Sunderland's answer to the communication 
of the Commissioners written on the preceding day. 

INIy Lords, I have received your Lordships of the 22^ with the account 
of your Proceedings, which his ^Majesty is well satisfied with. I herewith 
send you such an order for admitting the Bishop of Oxford as you 
desired ; and I am directed by his Majesty to acquaint you that if the 
Fellows of the College can be brought to submit to the admission of the 
Bishop ' as their President, his J\Lijesty is graciously pleased that no 
punishment should upon that account be inflicted by you upon such as do 
submit, but if any of them be refractory you are to proceed against them 
according to the Commission, and his Majesty would have you also to 

^ 'D''. Finch, sou of thj F.a-l of Winchil-ea. ^V^^lca of All Soul^, v,ms afterwards 
sent to th-s Prince of Oiar by some of tiie Heads of tlis Colleger 10 iiivite him to 
come to O.xfofU.' Burnet. 



I- 



MAGDALEN COLLEGE 



1687. 



inspcv'^t the Constitutions, d-ders, and Statutes of the College, and to 
rr n'v'r.- - *\ ■■ rS x\io embers thereof, and what abuses may 

have been co:i)initted, eilher by niisapplyiniv their Revenues, or other 
rni. do!M;.y., a prtriieulir account of which to-cther with the nairies of the 
offenders, }ou are to transmit up to bJs ]Majf;sty, tliat he may give such 
further order, as shall be requisite in the matter. 

I am, my Lords, your Lordships' most humble Servant, 

Sunderland P. 

Whitehall, Oct. 23, 1687. {Johiision). 

174. 

1037, Oct. 23. Tho King's Ivlandato to the ComrrLisHioners 
for admitting the Bishop of Oxford President. 

James R. Right Reverend Father in God, Right Trusty and well 
beloved, and I'rusty and vv'cll-beloved, we greet you well. Whereas we 
did by our Lt-tLers, bearing,' date the fourteenth day of Au;^ust last, 
authorize and r- quire the Fellows of S^. Mary Magdalen College in our 
University of Oxford, to adnut the Right Reverend Father in God, 
Samuel, Lord Bishop of Oxford, into the Place of President of the said 
College, ^vith all the Rights, Privileges, Emoluments, and Advantages 
thereunto belonging, any Statute or Statutes, Customer Constitution to the 
contrary in any \s ise notwithstanding, wherewith we did dispense in his 
behalf : and whereas the Fellows of the said College not obeying our said 
Letters T\]aiidaror*-, v.e thought it requisite to empower you to visit the 
said Coifge, Jiivi all ilie n'.enibers thereof: C)ur Will and Pleasure is, and 
we d.o hereby authorize and require }-ou, that in case the said Fellows do 
still persist in refusing to admit the said Bishop of Oxford as their 
President : you do forth widi admit him if present, or in case of his absence 
by his Proxy, into the Place of President of the said College, any Statute 
or Statutes, Customs or Constitutions to the contrary in any wise not- 
withstanding, with which we do by these presents dispence. And for so 
doing this shall be a sufficient Warrant and Authority to you and all 
other persons whom it may concern, and so v/e bid you heartily farewell. 
Given at our Court at Whitehall the 23<l of October, 1687, in the year 
of our Reign. By his J^dajesty's Command. Sunderland P. 

[Superscribed '. — To the Right Reverend Father in God, Thomas Lord 
3'^ishop of Chester ; our right Trusty and well beloved Sir Robert Wright 
K^. Chief Justice of the Pleas before us to be holden assigned ; our 
trusty and well beloved Sir Thomas Jenner K*. one of the Barons of our 
Court of Exchequer, our Commissioners for the Visitadon of S*. Mary 
Magdalen College in our University of Oxford. 

{Johftston.) 

175. 

1687, Oct. 24. Contiimation of Bishop Cartwright's Diary. 

I wrote to the Chancellor of Chester not to publish the suspension 
against the Dean \ till further orders from me, according to the Dean's 
desire, by letter. There dined with us M^. Holloway, our Landlady, two 

^ John Arceene or Arden, Dcau 1632-1691, He had evaded reading the King's 
Declaration. 



1687. 



AND KING JAMES IT. 



145 



more ; after which I went to C'uddesden lo vi-it the Bishop of Oxford, 
jj'. Hoiigh gjve us a visit ul ivtuin, and tbcii we went to the Vice- 
Chancollor's, from ^vhcnce at our reiuni v. e iiict with '^X^. Cliarriock, and 
1 received a nameless letter to caution us in the business of i\lagdalen 
College : and the Vice-Chancellor published a diploma against humming 
&c., occasioned by Saturday's miscarriage in IMagdalen College. The 
Earl of Lichfield sent us a brace of does. I went to Cuddesden. 

176. 

1687, Oct. 24. Upon complaint made by tho Lords Com- 
missioners of the Humming above mentioned the Vice- 
Chancellor issued tho following proclamation. 

Quum nihil minus deccat viros ingenues, nedum academicos ad optima 
cnulritos, quam morum incligantia, et riisticitas, qiiam absonum videri 
(lebeat adventantes strcpitu et sibilis cxcipere, et pro ccctu Philosophorum 
turbam morionum peregrinis ostentarel 

Quocirca dolemus hac in parte peccatum esse in viros illustres, et 
admoduni Revx^rendos, et, quod omnium gravissimum est, Regia in^ 
super auetoritate muaitos ; speramusque hoc indecenliaj, vcl potius con- 
tumeliai, aut saltem maxirnam partem ab inpunitis hominibus, et de 
plebis fxcula natis, omnino provcnisse ; monemusque omnes, quotquot 
sunt srlii.tlares, ut ab omnibus illibcralibus dicteriis, sannis, pedum sup- 
plos'one, rr;::le ieriatoruni et turbinum cachinno, screatu, clamore, et mur- 
mure ar:po<TQ(.ov\ (jK^ pcnitus abstineant. 

Si quis vero in posterum in aliquibus istiusmodi dcliquerit, sciat se 
non mediocres temeritatis et insolentise su?e pcenas luiiurum. 

Gilb. Ironside, Vice-Cancellarius. 

i^Johmlon^ 

ie87, Oct. 24. Continuation of Baron Jenner's Diary. 

Spent the m.orning perusing the Statutes, and other papers, abstract- 
ing, and discoursing about my robes' miscarriage, then the packet came, 
which raised my before-dull spirits. Then my Lord Chief Justice came 
in 9t prayers, and I had some words with the Bishop about differing in 
opinion with liim about the proceedings at tlie College upon my Lord 
Sunderland's Letter. Went to dinner. — INI^. Brookes etc. dined with 
us etc. After dinner my Lord Bishop went to the Bishop of Oxford. 
I came home, had my nap, then went and saw iNI^^. Holloway, then to 
my Lord Chief Justice, where Dr. Hough was, with whom had much dis- 
course after the Bishop came ; thence we went to jM"". Vice-Chancellor's 
House, — home to sup, and so to bed. 

178. 

1687, Oct. 25. Protest of the College. 

When the Court met Df". Stafibrd offered a Pr'per in a^iswer to what 
was objected on Friday, that a Mandate implied an Inhibition, which 

L 



I 



T4^ MAGDALEN COLLEGE 1687. 

their Lordships having perused would rot suffer to be read publickly, bat 
i t!' :■ Fcllov-. vht thrr they v"oiild S'r;-n it, bidding diem to do it at 
their Peril. 

Then th^^ Fellows had leave to withdraw into the Hall, and not being 
satisfied that it was necessary to sign a Plea, v.hich their Lord^liips re- 
fused to have argued, they returned the Paper into the Court, subscribed 
only by D^. Fairkx and D^. Stafford. The latter after some debate desired 
to v.ithdraw, but D^. Fairfax stood to it. 

Tlie Paper was subscribed ' To the Right Reverend and Right Honour- 
able His ^lajesty's Commissioners for the Visitation of S^. Mary Magdalen 
College in Oxford.' 

INIay it please your Lordships. On Friday last, in the afternoon you 
seemed to insist very much on diis, viz. th.at his IMajesty in commanding 
the Fellows of the said College to elect .Ak. Farmer President, did thereby 
inhibit them to elect any other person whatsoever, which has not yet 
been made appear to be Law, cither out of the Books of Civil, Canon, or 
Common Law. Neitticr is it agreeal)le to reason that a command to 
elect a Person incapable, should include in it an obligation not to elect a 
person capable, that being a kind of contradiction /// krviinis. Yet this 
being gi anted, it carnot in the least affect the said Fellows, or invahdate 
their election of D^ Hough, notwidistanding his ^Majesty's mandate on 
behalf of Vj. Farmer, who being incapable of the Place, the Fellows 
cannot be said to be guilty of any disobedience or disloyalty, in proceed- 
ing to the election of another person, vho v,as qualified according to 
Statute, being forced to make an election, for they arc obliged by tlie 
Statutes of iheir College, when called tc^gother, to elect a President, or 
any officer, under pain of perpetual expulsion from the College, which 
punishment thi y incur ipso facto, who either refuse to meet when 
so called, or being met, refuse to nominate or elect a person into the 
office void, as appears by the Statutes of the said College, titido de niirnero 
Scholariu/n et electione Pnvsidentis. Now according to the Founder's 
direction in the said Stdtule on the fifloendi of April last the Fellows were 
called togetlier by tlie \'ice-President to elect u President in the place of 
D^ Clerke deceased, and the Oath, desired to be taken before the election, 
was administered by the Vice-President to them, whereby they are obliged 
to noniinate and elect a Person, that either is, or has been. Fellow of 
i\Ligialen College or New College in Oxford, which Oath when the 
Fellows had taken, it was not in their power to elect Farmer, and 
yet they were then obliged to make an election under pain of per- 
petual amotion from the College, as appears by the fore-cited Statute. 
And it cannot be imagined that his most sacred Majesty did expect that 
the Fellows should be either perjured, or forfeit their right to their f'eilov*-- 
ships, rather than disobey his command, his IMajesty having most 
graciously declared tliat conscience ought not to be forced, and that none 
of his subjecis should be molested in the enjoyment of their Rights and 
Privileges, etc. Now that our Proceedings at the election cannot lay 
an imputation of our disobedience or disloyalty upon us, will thus be 
made appear. Fither we had the power to elect a President, or v.e had 
not : if we had not, to wliat end or [.'urpose did his Majesty command us 
to elect one if we had, our Power was either restrained to persons so 



ies7. 



AND KING JAMES 11. 



Ml 



and so qualified, or we were at liberty to choose whom we pleased, but 
V.C cL;.:]J not -Jo the l.-.-.tscr, ?pnears.by our Statutes, and therefore we 
could not elect JM^ Far.uicr, not being invested with any power to elect 
a person uuqnali^ied. And if we had so done, our Election would have 
been null and void in itself, and the Person elected Hable to be turned 
out by our Visitor. 

As for the Decree of his Majesty's Commissioners, in pursuance of 
which your Lordships have admonished D^'. Hough to recede from the 
Place of President, and quietly to resign the keys of his office, and have 
struck his name out of the College Book, we humbly conceive it to be 
null an. I void in itself to all intents and purposes, D'". Hough being 
thereby deprived of Freehold for Life, of which he v/as duly and legally 
possest, without ever being called to defend his right, or any misdemeanour 
objected against him. Wherefore we humbly beg leave of your Lordships 
that D^. Hough may be permitted to defend his Right and Title to the 
Presidentship at Common Law^ before any other person is put in posses- 
sion of the Place. 

Thomas Stafford. 

Henry Faii fax. {Impartial Relation) 

179. 

1687, Oct. 25. Continuation of Baron Jenner's Diary. 

Agreed upon our Proceedings : — dien v;ent and installed M^. Wickens^ 
the Pishop's Pro\y in Cb ipcl, who took the Presidem's Oath after he 
was put into the stall by Leigh the Proctor with the form of words: — 
then we went to the Lodgings, but none would open : — ^tlien went back 
to the Common Room, not being able to find the keys : — at last went 
ourselves and having got a smith we broke it open, and then we viewed the 
Lodgings, and left the Proxy in possession, having taken a view of the 
Lodgings : — so home, having before given the Fellows and Society a 
question to answer against the afternoon. 

The Bishop of Oxford's Lady and I\P^. Holloway v/ith the Vice- 
Chancellor etc. dined with us. Went at three, and after some discourse 
with the Fellows, all unanimously gave us an answer satisfactorily, but 
Fairfax, who for that and other things we expelled, and removed from 
his Fellowship. So ci^me hom.e, and wrote an express to London : and 
then went to New College, where we sat awhile with Dr. Beeston, the 
Warden there, a very good man, and who knew Charles (the First) : — ■ 
and so home to sup, and then to bed, well satisfied with this day's work. 

180. 

1687, Get. 25. Installation of the Bishop of Oxford by Proxy. 

Bishop Car tivnght to the Fellows. W^ill you install the Bishop of Oxford 
President, or assist at the Installing of him? 

The Fellozvs. ]\Iy Lord, to this v/e answer, as Vv-e did on Saturday to 
the Question of his Admission ; without premeditated perjury we cannot 
do it. It is not in our power to do it. 

L 2 



148 



MAGDALEN COLLEGE 



1687. 



Then Wi,[^'gins, Chaplain to the Bishop of Oxford, was called in, 
who do liveied uic iVilo-hig Paper, empowering him as Proxy to be in- 
stalled Pre sident for his I,ord. {Linparlial Relation.) 

Omnibus ad quos hoc prcesens Scriptum prervenerit salutem. Ego 
Samuel permissionc Divii^i Oxon: Episcopus, et Prxses Collegii iMag- 
dalenenJri:; ivxfra Universitntem Oxon: situati, vigore literarum manda- 
toriarnm Domini Regis constitutus : dilectum mihi in Christo Gulielmum 
Wickins in Artibus ]\lagi^lrum, Clericum ct Sacellanum menm, ut vice 
et nomine meo ad ofncium Prx^identi.s Coliegii Pn"€dicti una cum 
membris. juribus, et pertinentiis eidcm spectantibus universis adraittatur : 
necnon ad juramcnta solita, et requisita, in animam meam pra?standa, 
ceteraque omnia facienda et exequenda in ea parte requisita, Procura- 
torem et Deputatum meum (ipse valetudine impeditus quo minus prse- 
dictce admis.sione personaliter intcTcsse valeam) firmiter constituo per 
prD:senles daias et sigihauis vic::>iino primo die mensis Octobris, anno 
tertio ib'g^ii Jacobi seoundi Aiigi;:e, Scotix, Francix^, et Hibernian Regis, 
Fidei Defensoris, annoque Domini, 1687. 

In pra?scntia (The Bishop of Oxford's Seal is in the margin. 

W. Bigges. Subsigned, Sa. Oxon.) 

Ric. Brooks. 

Georgii Cholwill. [Johnston.) 

181. 

The same. 

Which being read together with the King's mandate for the Bishop of 
Oxford the Question was put to two or three of the Seniors, whether 
they would assist at the Installment which they refusing, the Court ad- 
journed to the Chapel, where the Bishop of Chester put Tvlr. Wiggins into 
the President's Stall, none of the r ellows being present but Mr Chernock, 
where he took the Oaths, which the Statuses e.ijoin the President to take 
at his admission, and the Oath of Allegiance and Supremacy, the latter 
of which he was ordered to take upon his knees, which he accordingly 
did in these words :— 

Ego Gulielmus Wiggins in Cur. Reverend! in Christo Patris Sam. 
Oxon. Episcopi Coll. B. M. j\Iagd. Oxon. virtute Literarum Mandato- 
riorum a Rege rvlissarum Pres. Constituto juro, etc. 

All the Oaths he took as well Latin as English began with this form. 

• {Impartial Relation.) 

182. 

1687, Oct. 25. Proceedings of the Commissioners. 

Then their Lordships conducted him to the door of the President's 
Lodgings, where knocking three times, and the door not being opened, 
they returned to the Common Room, and commissioned Alterbury the 
Tipstaff to fetch a Smith to force them open. 



16S7. 



AND KING JAMES II. 



149 



Then D^. Fairfax offering to speak was not suffered, the Bishop of 
CI; ;.a;.-:;.^^ J coi.Id .be done till they had taken care of the 

Lodgings: Geudemen, do you know who have got any keys of the 
Lo;lgings ? 

7 h': Fellrnvs. None but D^. Hough's own Servants. 
Tipstaff. Y)^. Hough's Servants. Are any of D^'. Hough's Servants 
here ? 

Bishop C. Then you have no keys, if you had the keys : and laid them 
down here upon the Table, you wouki not at all prejudice Di". Hough 
(for we must have them opened), and Dr. Hough would never have the 
less advantage of the Law. You have none, have you? 

The Felloivs. No, my Lord, v/hen we go into the Tower, we cannot 
go into it without the President, because we must go through his 
Lodgings, and we have no key. 

Bishop C. Well, we must have them opened, but Vv'c would do it with 
all die ([uietness and civility we could. 

Tipslnff. M}' L('rd, I. had got a Smith, and he came dov;n the cloisters 
as far as almost hither. 1 did but turn my back, when he ran out as 
fast as he could at the back Gate, my Lord. 

Then the Bishop of Chester ga\'e orders for another Smitli, who Ixdng 
brought, their Lordships went with him, and commanded him to force 
them open, which he accordingly did, none of the P'ellows being present, 
or assisting, but iM^. Chcrnock only, the Bishop of Chester saying, See 
that none come in but ourselves. 

Ttien they went and gave i\B'. Wiggins Possession of the Lodgings, 
where he, INI^. Chernock, and ILaslewood (one of the Chaplains) 
dined. 

1 he Commissioners being returned to the Common Room : — 

Bishop C. Gentlemen, I must ask you some questions, how many 
Fellows have you in the College } 

The Felloivs. My Lord, we have forty belonging to our Foundation, 
but only thirty-seven on our Buttery-Book, for D^*. Hough's and M^". Lud- 
ford's place are void, one Fellow is distracted, aiid not written con- 
stantly, but only reckoned a Fellow at the General Audit. 

Bishop C. How many Demies have you } 

The Fellows. We have thirty, but there are but tv/enty-nine mentioned 
in tlie Book, INI^. Floldcn being Probationer. 

Bishop C. Plave you a Statute Book in any convenient Place, wdiere 
all that are concerned may have recourse to it 

2he Fellows. We have three copies of our Statutes, whereof the Pre- 
sident keeps one, the Vice-President another, and the Senior Dean a 
third ; to any of these the Fellows may have recourse upon occasion. 

Bishop C. What Benefactions have been given to the College ? parti- 
cularly what Benefactions for the entertainment of Strangers .? how hadi 
it been employed ? I must tell you, Gentlemen, the matter of this 
Question is one of the greatest objections against you. His IMajesty 
hath been informed that you have misemployed what was designed for 
this use, and it will much concern you to give a satisfactory answer 
to this Question.- 

-C. Bajiey, My Lord, we have an old tradition of some such things, 



MAGDALEN COLLEGE 



1687. 



but I do not liROw of any of our writings that gives any light into this 
matu' r, but fjc-'-in^L;' tlir.t }our Lordship urges it so much, we desire time 
to consult our Rc,.;i<':':^r pjkI other Papers. 

B'shcp C. '\Ve give you till tomorrow. 

7)^. Fair/ax, I desire your Lordships to hear me a few words. 

Bishop. C. Aye, anything you wilL 

. L'airfax. Your Lordsh.ips may remember that on Saturday last, 
when you were pleased to closet me in this Room, I then read a Paper 
to your Lordships, of which, not tlien having a duplicate, I forbore to 
deliver it in, therefore I humbly beg your Lordships v.-ill be pleased now 
to hear it, raid receive it into Court. 

Bishop C. We know the substance of it. You may deliver it in, 

. Fairfax. But there w^as no company in the Couit, and 1 would 
willingl}' have some witnesses to it. Hicrefore I pray it may be read. 

Lord Chit!/ Jusiicc. It is the same, Doctor, if we receive it in, your 
Plea is tlie sanie. 

If , L'dirfix. My Lo'hIs, }"our Lordships have been doing what 1 can 
by no means consent to. 

Bishnp C. You are big to be delivered of your own Destruction. Will 
you subniit to die "Bishop of Oxford, as now installed President, by virtue 
of the King's Mandate, and obey him in liciiis et honcsiis D'". Fairfax, 
what answer do you make 

iD' . Fair/ax. I think myself bound to admit of no other President. 

Bishop C. W'^ nv.i x admit, of no speeches here. 

After sOiue dispute, i)'". Fairfax gave in his answer thus. 'I neither 
can nor will obey the Bishop of Oxford, for I have a lawful and 
statutable President ah'eady.' 

Bishoj' C. Will you, Sir? 

IT. I^udscy. I shall obey the Bishop of Oxford, when I see him in 
lawful possession of the Lodgings. 
Bishop C. Will you, Sir ? 

D^. Thomas Sjiiilh. I shall obey the Bishop of Oxford zn omnibus 
liciiis ct h ones i is. 

Bishop C. Will you, Sir ? 

ly. Bayley. This is a weighty Question, and ought to be considered 
cfj and therefore I desire some time to give in my answer. 

Bishop C. Yes, Doctor, you shall have time, and so shall all the rest, 
for you see the Question itself was deliberately worded, and therefore it 
is but reasonable that you should have time to consider of an answer ; 
but I would have you take the explicadon along with you, that we do 
not hereby intend that you should own the Bishop of Oxford's Title. 
No, for you may still do D^. Hough all the service you can, neither will 
it prejudice his Tide at all, but you only subm.it to the present Possessor, 
till the Right is clearly determined, and on that you submit to his 
Majesty's authority, who hath constituted the Bishop of Oxford his 
Lieutenant, to govern the subjects of this College. 

Bar 071 Joiner, There is a known case in the Law, to ibis Purpose. 
A Lord of a ?danor may have an unlaw ful possession of an Estate, yet 
if the Tenants refuse to swear Iloiiiage to him, they forfeit all the 
privilege they have in that Manor. 



3 087. 



AND KING JAMES 11. 



Bishop C. Gentlemen, go ancl consult among yourselves, and acquaint 
l^;;, rp-'r^ -f tt,,-. ^^-^lloge ^^ irh the Question proposed, that so we may 
have every one of your Answers by three o'clock in the Afternoon. 

{Impariial Relation?) 

183. 

1687, Oct. 25. CoDtinuation of Bishop Cartwright's Diary. 

We met at Tvlngdalen. called over the Fellows etc., read the Proxy for 
the instalment of M^. Wickcns, and then said : — T^y virtue of the King's 
Commission to us directed, we do order and decree tlie Right Reverend 
Father in God, Samuel, Lord 13i>hop of Oxford, to he installed by his 
Froxy, IMr. Wichens, in the President's Stall in the Chapel of the College 
forthwith, and the Chaj)el doors to be opened for that purpose. Which we 
saw effcctiially done by r.P'. Feigh, who tendered him the Oaths of Pre- 
sident, Allegiance, ancl Suprv^macy ; whxh having done we returned to 
//■/• Common R- vh.T- havirg '(. all-'d in the Fellows etc., D^'. Stafford 
gave me a Paper in behalf of himself and the Fellow s, but subscribed by 
none but himself and l)"^, l''airfax, of which having told him the danger, 
hi' humbly desired to withdraw it, to which we consented. We then 
propounded to tliem this question ; Will you submit to the Bishop of 
Oxford now installed ) our President by the King's Mnndate in liciiis et 
Jwnestis ? And they desired till the afternoon to consult together, and to 
give in ilieir ansv.crs in script is ^ v>hich was granted them, and then v.'e 
sent for a siuith, and broke open the outer door of the President's 
Lodgings, in the lust room of which we found all the keys, and left IMr. 
Wickcns in quiet posses-ion, and so adjourned. The Bishop's Lady, 
Judge HoUoway's darghter, and many of the officers dined with us. 

[End of Bishop Cartwright's Diary.] 
184. 

1687, Oct. 25. Continuation of Thomas Smith's Diary. 

The Lord Chief Justice had in a former meeting given it for Law, that 
tlie King's I\Lindate for another had in it the force of an inhibition (which 
was the clear judgement of iVK Aylworth, Chancellor of the Diocese of 
Oxford, in a discourse upon this point in my chamber not long before). 
Di*. Stafford offered a paper by way of answer, which only he and Di". 
Fairflix subscribed, all the rest of the Fellows, who withdrew^ into the 
Hall to consider of it, and subscribe it if they thought fit, by the order 
of the Commissioners, refusing to |)Ut their names to it. Afterwards 
D^. Stafford, being made sensible of the dangerous consequences of that 
Paper, desired that he might withdraw it, which the Court at last 
granted, tliough not without some difficulty, D"". Hedges, the King's 
Advocate, interposing. 

Soon after the Bishop of Oxford's Proxy was read, and the King's 
T etters Mandatory to the Visitors for his admission into the Presidentship. 
Tlio first (Bishop C.) asked D''. Pudsey whether he would install the Bishop 
of Oxford President by Proxy, his Chaplain, Vi^, Wickins, appearing for 



MAGDALEN COLLEGE 



1687. 



him ; he said that he woiiltl not engage in it. I being the next senior 
th..:-n p-:?.:cnt, ^h ■ P- '^'-p prCbc::t'T asked me the same question. I read 
my answer wliicli I had put down in my ahnanack just before, and \vhich 
J ht^ ld in n:y irmd easily forseeing what the Commissioners aimed at, by 
their foregoing procedure, that it might not be mistaken, or misreported, 
and it was word for word this : — 

IVIy Lords Commissioners, I own from my heart and acknowledge the 
King's Supreniac}'. 1 do now, and ahvays will, pay all dutiful and 
humble obedience to his IVIajebty's authority, and this out of a principle 
of conscience and loyalty, as becomes a Priest of the Catholic and 
Apostolic Church of England established by law. I have made no ex- 
ception to the icgality of your Lordship's Commission, nor to the exercise 
of it in this present X'isitation. I am ready and wilHng to obey ni liciiis 
et honesiis the President, whom the King ha,s been pleased to constitute 
President, whenever he shall come and reside in the College. 

1)'". Bayk y de>;:ed time till the afternoon, and so did the rest to give in 
their answers, whicl) the Court rea^iily allowed, and so adjourned. 

Then the Conmiis.-,ioners went themselves to the door of the Lodgings, 
and having a smidi widi them forced it open, entered, and gave ls\^. 
Wickins po!--:e^?,:cin for the Bishop of Oxford, and from thence went to 
theii respeciive Ludgings. 

(Cohhett, col. 63.) 

185. 

16 S 7, Oct. 25. Proceedings of the Commissioners. 

Tuesday IMorning. D^. Stafford read his Paper in answer to what 
was objected on Friday, that a I\Iandate implied an Inhibition, which 
the Lordships having perused would not allow to be read publickly but 
they asked the Fellows whedier tliey would sign it, challenging them to 
do it at their peril. Then the Fellows withdrew into the Hall, where 
being not satisfied that it was necessary to sign a Plea, which their Lord- 
ships refused to admit, they returned the Paper into the Court, only 
subscribed by I>. Fairfax, and D^. Stafford, the latter after some debate 
desiring to withdraw, D^. Fairfax stood to it. 

Then j\K Wickins, Procurator and Chaplain to the Bishop of Oxford 
wcio called, who dehvered the Proxy, after which was read the King's 
Mandate. 1 hen the Fellows being present were asked, if they would 
admit and install the Bishop of Oxford made President by the King, and 
declared such by their Lordships. D^. Pudsey being first asked the 
question refused to act, but seemed to yield to be present. 

D^. Thomas Smith, being asked the same Question by the Bishop of 
Chester, read the following answer : — My Lords Commissioners, I answer 
with all humble and dutiful submission to the King's Majesty's authority, 
and your Lordship's Visitatorial Power, that it is not in my power to do 
this. Your Lordships, who have deprived D^. Hough, and have declared 
the Bishop of Oxford President, may install him. This method being 
altogether new and extraordinary, I cannot be satisfied how I can or 
ought to be the Executioner of your Lordships Sentence. Besides I beg 
leave to propose a short case to your Lordships, whether or no I can 
install or give possession without being empowered, and authorized by a 



1687. 



AND KING JAMES 11, 



J53 



Rule out of the High Court of Chancery, or King's Bench, for my security, 
if tlierc were nothing of conscience in the Case. 

To this the Lord Justice replied to this purpose, that as they were his 
]M.ijest} 's Cornrnissioners for this Visitation, they had the King's power 
of Chancery and Common Law. 

Then the Lords adjourned to the Chapel, wliere the Bishop of Chester 
put Wiggins into the President's Seat, where he took the Oaths, 
which the Statutes enjoin to the President at his admission, and the oath 
of allegiance and Supremacy, the latter of which the Bishop of Chester 
ordered him to take upon his knees, which he did accordingly : then 
their JvOrdshi[is conducted him to the door of the President's Lodgings, 
where knocking thrice, and the doors not being opened, they returned to 
the Common Room, and conmianded M^. Atterbury to fetch a Smith to 
break open the door, which was done accordingly, their Lordships being 
present all the while, and none of the Fellows but AP". Charnock assisting, 
or bein^ as much as present at either of the performances. 

Then their Lordships being returned to the Common Room, they 
entered the Bishop's name iri the Buttery-Book. I'he Lords having 
asked the Fellows if they would now submit to the Bishop of Oxford 
as their President, they desired time, and their Lordships gave them till 
the afternoon to consider of it ; and the Court ordered them to give in an 
account of what gifts, or Provisions, were made by the Statutes for poor 
travellers etc. tomorrow morning. Then the Lords demanded of them 
if they had elected or admilto;.! any members since the King's Inhibition, 
to which tiiey replied, that they iiad admitted none but W-. Holden, 
who was Fellow elect before, and his year of Probationship expired, and 
if he had not then been admitted he miust have stood expelled by their 
Statutes. They then adjourned till two in the afternoon. 

186. 

1687, Oct. 25. Submission to tho new President. 

Tuesday afternoon. The Fellows being called i],, the Question was 
again put to them, whether they would submit to the Bishop of Oxford as 
their President, to which they gave in an answer in writing, as follows : — 
Whereas his IMajesty has been pleased by his Royal authority to cause 
the Right Reverend Father in God, Samuel, Lord Bishop of Oxford, to 
be installed President of this College, we, whose names are hereunto 
subscribed, do submit so far as is lawful and agreeable to the Statutes of 
the said College. 

Alexander Pudsey. Francis Bagshaw. 

Thomas Bayley. Joseph Harwar. 

Thomas Stafford. George Hunt. 

Charles Hawley. Thomas Bateman. 

Robert Almont. William Craddock. 

IMainwaring Hammond. John Oilman. 

•John Rogers. ■ George Fulham, 

Henry Dobson. Plenry Llolden. 

James Bayley. Stephen Weelks. 

John Davys. Charles Penyston. 



MAGDALEN COLLEGE 



1687. 



D^. John Smitli gave in a paper wi ittcn and signed b}- himself in the 

r>. Thomas Smith ^c;ave in his Paper of submission. 

The Demies subscribed a Paper in the same form^ whose names are : 

Thomas Holt, Senior, Daniel Stacy. 

Samuel Cripps. William Sherwin. 

Samuel Jenifar. John Renton. 

Richard Adams. ^laximijian Bush. 

Robert Standard. Benjamin Gardiner. 

Richard Vessey, Thomas Wells. 

Charles Goreing. William Bayley. 

John Brabourn. Thomas Higgons. 

George Stonehouse. John Cross. 

Lawrence Hyde, Thomas Hanson. 

George Woodward, Henry Levet. 

Cliarles Alleyn. Hariugton Bagshaw. 

Vv'illiam Fulham. Benjamiu IMandcr. 

Richard Watkins. 
The Chaplains subscribed the like, whose names were 

Thomas rdavidcr. Thomas Brown. 

Henry Holyoake. Francis Haslewood. 

The Choristers subscribed the like, whose names were 

Samuel Broadhurst. Edward Slack. 

Charles Wotton. William Inns. 

Thomas Price. Miles Stanton. 

John Bowyer. Richard Wood. 

Thomas Turner. Robert Wordsworth, 

John Shuttlc'A'orth. Joseph Stubbs. 

The Clerks subscribed the like submission, whose names are 

Stephen Nicolls. William Harris. 

Charles Morgan. Thomas Ryaly. 

John Smitli, John Russell. 

I\latthew Lidford, Thomas Williams, 

The Under Porter of the College would give in no Paper of Sub- 
mission. 

The Oxford P-clation saith, that to the Submission the Clause was 
added ' and no w^ay prejudicial to the Right of D^'. Plough/ In the 
original Paper I found it scored out, and, as the Relation saith, it was 
yielded to by the Subscribers, because the Lord Chief Justice and Baron 
Jenner, as Judges, declared that it was insignificant, since nothing they 
should do could invalidate D^. Hough's Title, but left them, still at 
liberty to be witnesses for him, or in any other way serviceable to him in 
the Recovery of his Right, upon which assurance the Society was pre- 
vailed \^ath to leave it out. 

{Johnston^ 

187. 

1687, Oct. 25. Condemnation of Dr. Fairfax. 

The Lords asked D^. Fairfix if he owiied their Jurisdiction, to which he 
replied that he did not : then he was asked if he would submit to the 



16B7. 



AND KING JAMES 11, 



Bishop of Oxford as President, which he refused to do. And tlie Sen- 
tence v,'as pronounced ngn.iiisi. him, that whereas he had denied the 
authority of the Court, and in contempt of the sentence of suspension 
giw n a.'-ain.-l him by the Lords C'lmrnissioners at Whitehall, had taken 
iiis Commons and battled in the ColIcp:e as a i'cllow of the College, not- 
withstanding his said suspension, the Court proceeded to deprive him of 
his Fellowship, and ordered his name to be struck out of the Buttery 
Book. 

The Sentence pronounced against him I find in the Register, though 
not in this place, in the words following: — 

P.y his Majesty's Commissioners etc. 

Whereas in our \ isitation of the said College it appeareth unto us that 
Henry Fairfax, Doctor in Divinity, one of the Follows of the said College 
has been guilty of disobedience to his IMajesly's conunands, and obsti- 
nately contemned his Royal authority, and doth still persist in the same, 
we have tiiought fit upon mature consideration thereof, to dt-clare, pro- 
nounce, and decree, that the said D^. Henry Fairfax be expelled and 
deprived of his said Fellowship, and accordingly wc do hereby deprive 
him, and expel him from the same. Given under our seal the 25*^ day 
of October, 16S7. 

Then the Lords issued the following Order. By his IVLajesty's Com- 
missioners c^C. 

Whereas we have thought f)t to deprive and expell D^. Henry Fairfax 
from his Fellowship in the said College, you, and either of you, are 
heieby required to cause our said Sentence and Decree, a Copy whereof 
is hereunto annexed, to be afiixed on the gate of the said College, to the 
end that due notice may be taken of the same, and of the due execution 
hereof you are to certity us. Given under our seal the 25^!^ of October, 
1687. 

To Thomas Atterbury and Robert Eddows, or either of them. 

Johns lo7i.) 

188. 

1687, Oct. 25. Further Proceedings. 

D^. Fairfax then gave in his Protestation against their Proceedings, 
whiih ihe Court over-ruled, and ordered him to depart and quit his 
Lodgings in the College in fourteen days. Then the Doctor prevailed 
with much ado, saith the Oxford Relation, to read the following Protesta- 
tion, and left it in the Court, which was as followeth : — 

I Henry Fairfax, Fellow of S^. Mary I\LigdaIen College, do under my 
former answer heretofore made, and to the Intent it may appear that I 
have not consented nor agreed to any thing done against me to my 
prejudice, I protest that this Sentence given here against m.e is Lex nulla, 
and so far forth as it shall appear to be aliqua, I do say that it is iniqua 
ei injusta, and that therefore I do from it, as znigiia and vijusia, appeal to 
our Sovereign Lord the King in his Courts of Justice, as the Laws, 
Statutes, and Ordinances of this realm will permit in that behalf. 

Henry Fairfax. 

Then the Lords asked Robert Gardiner, the Under Porter, if he would 



1.36 MAGDALEN COLLEGE 1687. 

submil to the Bishop of Oxford as President of the College, \vhich he 
re^v.^'-'rig- to clo the Lords d'^-privrd him of his office, arid adjourned the 
Court till the next morning. 

Joha Giiman's Pa|)cr I find thus : — That the Statutes of the 
College, to whicii I am pooitively sworn, are the only rule of my aetions 
and obedience, in this and all other cases of the like nature ; and I con- 
ceive the Bishop of Oxford has not those Statutable qualifications which 
are required, tlh/refurc I cannot assist at tlie admission of the Bishop of 
Oxford. 

The Submission of ])^. Thomas Smith was as followeth, given in in 
writin;'; also : — 

My Lords, I own from my heart and acknowledge the King's 
Supremacy. I do now and will always pay dutiful, just, and humble, 
obedience to his jNLijesty's authority, as becomes a Priest of the Catliolic 
and Apostolic Church established by Law. I make no exception to the 
legality of your Lordships' Commission, nor to the exercise of it in this 
present visitation. I. am ready and willing to obey zVz Ucilis ct honestis the 
President, whom the King has pleased to consUtuie i'resident, whenever 
he shall come and preside in the College. 

I'homns Smith, DJJ. 
The Paper given in by ]\P". Craddock was as followeth : — 
About six years since, when I was made Fellow by the King's per- 
mission, I took an oath, that I would not be dispeiised with from my 
local Statutes, by which Statutes and oatlis it does not belong to me to 
adnvt any man President, besides I conceive Uiat D^*. Hough cannot be 
legally di-.possessed of the Presidentship of IMagdalen College, till he has 
appealed to Wjstmins'cr, or an Higher Court, and till then I shall not 
ceasc my obedience to him. 

William Craddock. 

(Johnslo?i.) 

189. 

1687, Oct 25. Heport of the Commissioners to the Lord 

President. 

I shall no'v insert the Lords Commissioners' answer to my Lord 
President's lasu Letter, and then proceed in the Narrative. 

Oxford, Oct. 25, 1687. My Lord, In obedience to your Lordships of 
the 2 3<i instant, and the King's Letters jMandatory, w^e have this day 
installed the Lord Bishop of Oxford's Proxy, by placing him in the Presi- 
dent's Seat in the Chapel, and some wliile after, D^. Hough having left 
the College, and the Keys being denied us, we caused the doors of the 
Loilgings to be broken up, and gave his Proxy possession thereof. 

IMy Lord, we proceeded to examine the Fellows concerning their sub- 
mission to the Lord Bishop of Oxford, now their President. Their 
answers were unanimous in scrip! is that they would all submit, but D^". 
Fairfax, whom for that, and for denying the Jurisdiction of the Court, and 
contempt of his former sentence of suspension, we have deprived and 
ejected, and one Robci-t Gardhier a Pcricr. All the rest of the College 



AND KING JAMES TL 



we left this ni\i?;-ht in good temper, and the .TJisliop's servants in quiet 
possession. , have likewise looked into the constitutions, orders, and 
Statntos of tlic Colle-c, and cannot find ?ny of the Society to have 
offt. nded therein, c^r hi i.iisapplying their revenues. They having given 
us, as we conceive, a clear answer to the accusation against them for 
embezzling such a part of it, a:s was pretended to be set aside for Pilgrims 
and Poor Travellers, which we will bring up and transmit to your Lord- 
ship. 

And this we must say, my Lord, that generally they have behaved 
themselves with great regard and deference to his Majesty's Commands, 
saving in that particular whereof we gave your Lordship an account in 
our last, and even for tiiat the\ have expressed a very heariy sorrow, and 
submission, and we do humbly conceive that the Lishop of Oxford, when 
he comes in person to the College (v/hich he promises suddenly to do so 
soon as his health will give him leave) will be best able to fmd out those 
faults of the particular members of this Society, which v/e cannot get any 
the least infornvirion of, and have sufficient pov.er to redress them, and 
to punish the delinquents for the irregularities committed, by the Statutes 
t>f the same ; and having brought the Fellows to the Submission to his 
adiiiissi )]!, and hid nodc<:' from your Lordship of the King's gracious 
pleasure that no jjunishrnent shall be inflicted upon them by us, upon the 
account of their former disobedience, we hope that we have hitherto 
obeyed his I^Lije^ty's Command, and that if he hath no further pleasure to 
si'.rnify to us, we ina}- have his gracious leave to return to attend his 
service at T^ond' -n. We crave leave further to intimate to his IMajesty, 
that the Vice-Chancellor and Heads of Houses pay great respect to this 
Commission, as will in part appear by the inclosed paper of the Pro- 
gramma. 

And so begging your Lordship's favourable representation of our Duty 
and Service to his ^Majesty, we rest, my Lord, your Lordship's most 
obedient and humble Servants, 

The mas Cestriensis. 
R. \N^nght. 
Tho. Jenner. 

^Johnston)! 

190. 

1687, Oct. 25. Letter from Henry Holden, Fellow. 

Morning. At eight o'clock, M^*. Wickins, formerly of Emanuel Col- 
lege in Cambridge, Chaplain to the Bishop of Oxford, [presented a paper) 
empowering him as Proxy for his Lordship, who does not yet ven- 
ture abroad, to be installed President. The Question was put to three 
or four of the seniors whether or no they would admit him, upon 
whose refusal the Court adjourned to the Chapel, and my Lord of 
Chester, taking Wickins by the hand, seated him in the Presidents 
Stall, where he took the oaths of allegiance and Supremacy, and the 
President'- usual oath to observe the Statutes, from thence they went to 
give him possession of the Lod.ging^, breaking 0[)en the doors,, for IX 
Hough, though much pressed by them to the contrary, carried the keys 



158 



MAGDALEN COLLEGE 



1687. 



away with him. Then returning to the Comjnon Room they proposed 
to all the Uou^^e, even CliOiisters and Sei vants, whether they would submit 
to the Bishop of Oxford as President m licilis et Jionestis, being now in- 
stalled by viriue of his IMajesty's autliority, which being a Question of 
moment, they desired to consider of it till tlie afternoon. 

191. 

1687, Oct. 25. Anecdote of the Gonntess of Ossory and 

Hough. 

In his notes to his last Edition of Burnet's History of the Reign of King 
James 11^. Routh gives (p. 176) the following curious anecdote taken 
from the private memorandum Book of Carte the Historian, in the Bod- 
leian Library. 

* DJ*. Hou'^h was turiied out of the Presidentship of Magdalen, Oct. 
25, 1687. He dined that A?x with the Cou^itess of Ossory, who taking 
a glass of Ivloselle vvine, and waving it under her nose for the flavour, 
for she never drank any, " Come, Doctor," says she, "my service to you, 
be of good comfort, 'tis but twelve months to this day twelvemonth." 

'Tis certainly so, Madam," replied the Doctor, " but what then ? " "I 
say nothing," said she, " but remember what I say, 'tis ^but twelve 
months to this day twelvemonth," and that day twelvemonth he was re- 
instated/ 

The Count :S3 was th.e IModier of the then Earl of Ossory, grandson of 
the old Duke of Ormond, to whom Hough was Chaplain. She was a 
Dutch Lady, and her son Lord Ossory previously to the Revolution had 
espoused the interests of the Prince of Orange. 

192. 

1687, Oct. 25. Further Proceedings. 

At three of the Clock this answer was given In by the Society, except 
Di*. Fairfax, who had given his in in the morning : ' That whereas his 
Majesty hath been pleased by his Royal authority to cause the Right 
Reverend Father in God, Samuel, Bishop of Oxford, to be installed Pre- 
sident, we, whose i\ames are hereunto subscribed, do submit so far as is 
lawful and agreeable to the Statutes of the College, and in no way pre- 
judicial to the Right and Title of Dr. Hough.' 

This answer was accepted, except the last Clause, which the Lord 
Chief Justice and Baion Jenner declared, as Judges, to be insignificant, 
since nothing they could do, could any way invalidate D^". Plough's Tide, 
but left them still at liberty to be witnesses for him, or any other way be 
serviceable to him in the Recovery of his Right. 

Then all were commanded to withdraw, and D^". Fairfax being called 
in, the Bishop asked him what he meant by his Paper above mentioned, 
dated October the 22'-^, and whether he did submit to the authority of the 
Court ? 

D'' . Fairfax. As I have denied it above, so I do here. 

Then the Court was opened, and the Doctor complained before Uiem 



1087. 



AND KING JAMES //. 



all, that be was twice closctted, and being asked whether he would obey 
^ of ^'^-f--;!, he f'liinly denied both: Upon which 
the Buttery-Bo'.jiv was called for, and die l]i>hop of Chester commanded 
liis riam:,' to b^" sii-uck out, and this sentence passed, viz. 

Forasmuch as you liave denied the authority of the Court, and re- 
fused to obey the Bishop of Oxford, whom the King hath made your 
President, and taken Commons after your Sus[)cnsion, we declare your 
place void, and command you quickly to depart the College within fourteen 
days. 

D'^. Fairfax. Tvly Lords, all tlie huge calamities, that have Ix^fallen me, 
are on the sole account of a religious and conscientious observation 
of our pious Founder's Statutes, whose bread 1 have eaten almost these 
thirty years. 

Lord Chief fustice. No speeches. Besides if you have any papers, 
instead of reading them, leave them in the Court. 

Then with mucli ado the Doctor j ^rovailed with them to let him read 
his Protestation^ which he Ict't in th ' Ci'Lirt, 

The Protestation was overruled, and a copy of the sentence denied, 
though it was most earnestly desired at the instance of D''. Bledges, and 
TvP. Vi. e-Chancel'or -tv.o days after. 

At the close of the Sessions their Lordships declared that they were 
very well satisfied with the answer the Society had given them, and 
though before they had laid a Libel to their charge, yet that night they 
declared that th'^y had met v. idi nothing from them but civility, and th.at 
thvjy slif. luld l eceive the same from them : — that they had shown themselves 
men of excellent tempers this day and before, and that they would 
represent it faithfully above to their advantage, and that if it in any way 
l.iy in tlieir povrer to serve them they should be very ready to do it. 

They then adjourned till Wednesday morning. 

{Ivipariial Relation^ 

193. 

1687, Oct. 25. Coutinuation of Thomas Smith's Diary. 

Tuesday afternoon. Oct. 25. The other Fellows gave in their answer 
in common, except one or two who gave in theirs apart, which D^, 
Pud^ey also subscribed, wherein they say that they would submit to the 
Bi-diop of Oxfo d, then installed President, as far as is lav,-ful and agree- 
able to the Statutes of the College, and in no way prejudicial to the 
right and title of D^. Plough, which last clause they thought to omit 
at last, being made acquainted by the Chief Jus dee and Baron Jenner 
that it was superfluous, and that their submission would not prejudice 
Dr. Plough's Right and Title in the least. The same submission was 
made by the Demies, Chaplains, Schoolmasters, Stewards, organist, clerks, 
choristers, and servants of the College. All being asked, whether they 
would subiiiit, promised obedience to the Bishop of Oxford as President, 
the under Porter only excepted, who refused. This done we were bid 
to withdraw. Soon after D^. Fairfax was called in by himself and im- 
mediately all of us. D'". Fairfiix denying the authority of the Court and 
refusing to submit to the new President, the Commissioners admonished 

1 See No. 188. 



i6o 



MA GD A LEX COLLEGE 



1687. 



l)im to depart the College peaceably, and expressing a great deal of 
sorrow tlial iie .siuHikl thus ruin himself by }iis ob^-tinacy, they deprived 
him of liis Fellrv.ship and struck his name out of tlie Buttery IJook. 

We v,-ere or(!er^ 1 to bring in an account of what lands, gifts, and pro- 
visions for hospitality, u hich were given by our Founders and Benefactors, 
and how they were employed, and so they adjourned to next day, 

{Cobbctt, col. 65). 

194. 

Letter of Henry Holden, Fellow. 

T uesday afternoon Oct. 25, 1687. ' At which time they (the Fellows) 
returned the Paper subscribed by all, -'whereas &c.' Only D^. Fairfax, 
who had been suspended from his Fellowsliip in London, but notwith- 
standing had for some time been resident here, and took his commons, 
|)ersistcd to deny the jurisdiction of the Court, and would not subscribe 
to the Fellov;s' (Paper ?) the Under Porter also, having intended for some 
time since to leave his place, which he had reason 10 diink he should 
have been turned out of ere long for having affronted INI'". Collins, the 
Schoolmaster, one of tlie Bishop of Oxford's Chaplains, refused to sub- 
mit, so their iian.es v/ere immediately struck out of the Buttery-Book, 
and the D^. commanded to leave the College in fourteen days, and the 
Porter in tlnee. The submission was very well accepted save only the 
bst clause which their Lordships thought unmannerly and withal insig- 
nificant, since tliat v. hatever diey had done in his case did no way invalidate 
llcugh's case, but left them still at liberty to be witnesses for him, or 
any other way servi( eal)le tor the recovering it. Their Lordships spake 
very kindly, th. nkijiv them for their exemplary obedience to his Majesty, 
Nvbich they would rcpici^cnt with all possible advantage on their behalf, 
and in their own persons be ready to serve them upon any occasion. 

{MS) 

195- 

16S7, Oct. 26. Enquiry into the College Charities. 

In the Pvlorning the Fellows made it appear to their Lordships very 
satisfactorily that diey were obliged to give in charity money £2. 3. 4., 
and tliat besides tliat they gave com?nu?iwus annis almost one hundred 
pounds, as appeared by a Paper they then delivered in. Upon this their 
Lordships were pleased to expatiate upon their generous Bounty and 
Liberality, saying the complaint of this account was groundless, and that 
it would induce the King to a better belief of them in all other matters. 

On the day previous the Commissioners had ordered them to bring in 
their Answer to the following questions : 

I. What gifts and provisions have you for the entertainment of 
Strangers } 

II. What is the value of it 
IIL How is it applied ? 

IV. Where is the Place of Entertainment? 
I'he ansv/er was gi^■e^ thus : — 

In the time of Henry VI*^ the Hospital of S^ John v/as dissolved, and 



( 



i.'" 



1687. 



AND KING JAMES 11. 



i6i 



the Lands thcreunio belonging v/as purchased by William Waynfleet, 
th-r> P---h^p ^.^'i-::^-' ^-^-"-^^^ in the place of the Hospital he built 
Magda'en Coll^:r;^ 

V& lefc 11..) Si.riii.tes, orders, Injunctions, Compositions; or Provisions, 
for r.^.ain!.cnance or reliet of poor people or strangers, that ever we 
could fmd in any writing or Record whatsoever. 

John Claymond, the third President of the College, left three pounds 
per annum, wiiereof t\"0 pounds ten shillings is to he distributed amongst 
the Fehows and Scholars on the first Monday in Lent, and ten shillings 
thereof for the repairing of four beds and bedsteads, -which were placed 
in a room over the Vault of the old Chapel, but no provision is made 
for any vic^ual^ or maintenance for those, who were admitted to lodge 
there, which at tlie most ^^■cre to be but four at a time. But in the time 
of the hue Rebellion the said Chapel with the vault under it were made 
no other use of but to lay fuel in : whereupon at the Restoration the 
Visitor directed that it should be converted into chambers for the use of 
the Fellows and the Demies. i^Inipartuil Rilaiion.) 

Two others of our Benefactors, Ingledew and Preston, ordered twenty 
prnce at a time to be dis})ose(l of on fourteen feasts to the Poor, the 
whole ani^ unting to orjc pound, three shillings, which are accordingly 
distributed hy the Bursars yearly. Preston gave six shillings per annum 
to be bestowed on t\'0 or three poor Scholars, born in Lancashire, 
vhi'-h is \-earlv di^irM-ured by the President; so that nil the money, 
c\ce[.t rer!uL'> < omr 'j-i.-ou. vhich is faiilifully perlornied., which we are 
obliged to I'osto-.v in ch 'riiable uses, amounts but to two pounds three 
shilling^"^ 'and fourpence /:r annum, notwithstanding which four shillings 
is yeaiiy gi\ ,m to tlie Ca-tle for straw for the Prisoners : and we allow 
eight pounds yearly to the almsmen of St. Bartholomew's. W'e allow 
six pounds six shillim^s and eightpence yearly to the Poor in Bridewell, 
and twenty pounds per annum to the President for the entertainment of 
Strangers and Foreigners, and there is allowed at every meal at the 
Bursars Table a commons for the entertainment of Strangers, and 
the Bursars have pov/er to add therewith as they shall see occasion. 
And besides what is allowed constantly as aforesaid, there is a con- 
siderable sum of money disposed of yearly by the President and thirteen 
Senior Fellows, at the conclusion of tlie accounts, and other times, to 
indigent persons, strangers, and travellers, and chiefly to such as are 
in great need, but ashamed to make their necessities known publickly, 
as to desire alms of their respective parishes, amounting to above ten 
pounds per annum. And if we nu'ght not be thought to boast of our 
Charity, we could instance inconsiderable sums given to the Fires of 
Northampton, Southwark, Lonelon, and other places : as also to the 
French Protestants, two only of which we allow^ at present six pounds 
yearly. Hence it appears that we expend near a hundred pounds an- 
nually in charitable uses. 

Alexander Pudsey 
Thomas Smith 
Thomas Stafford. 
(L/ipar/idi Relational 

M 



l62 



MAGDALEN COLLEGE 



1687. 



johnstcn (p. 02) a^i.-ls the following names from the Documents 



1 )10!m:is .havicv 
]\J n inv\ ari \\ rr 11 am inond 
John J\og-crs 
Robert Ahnont 
Francis Bai^shaw 
Tlenry HoMcn 
Ht?nry Dobson 
George Fulhani 
Charles Penision 



W'liliaiii ChuuIolIv 
Charles Hawiey 
John Bayley 
Joseph Harwer 
John Dav}-s 
Thomas Bateman 
George Hunt 
John Gilman 
Robert Charnock 
Stephen Weelks. 



196. 



1637, Oct. 26. Coniinuation of ir. Thomas Smith's Diary. 

We gave in a paper relating to our I^^ncfactors, an.' to our Ov^'n 
beneficence and charii} Lo ih - poor, as }'early sums besides ^vhat was 
given upon sev^Tal cni'^'-geneies. But besides this common paper to 
whieli I subseril ed, I d.i w' up the following, subscribed it, and presented 
it to the Conmnssioner-. 

' As to your Lordships' question proposed whether we have applied the 
revenue of any land or other estate, 'i^w^w r.- ispitality, to private uses, 
we lamio. for \.ai;: of 'ame give your I ..;>rd.4i;ps ihat ^atisfactor\- and full 
account, v.diieh v,e desire and shall do hereafter, when we shall look over 
the evidences of tl>j 1",- tales of the College, of which we are but the 
fructuariis, and ot'ier i: unanents locked up in the lower. 

'As for our hospiialii.' \\\ general, i. I'he Bursar's I'able is the table 
where not only our tenants but strangers, according to their quality, are 
entertained: there being a daily allov.ance made by the College for that 
purpose, which when scanty and not sufiicient for a suitable entertain- 
meat, it is left in many cases to the diseredon of the Bursars to add what 
they shall think fit and becoming, l^at besides this: — 

'2. It is our constant ]>ractiee and euslom at the end of the year to give 
sums of money away to the poor, which are greater or less according to 
the sur{>]ufage of c ur corn-rents that } ear. 

* 3. 'X'he Bursars arc empowered to give money away to the Poor upon 
the greater and more solemn festivals of the year. 

' 4. Oftentimes upon great emergencies, such as were the briefs for re- 
edifying tlie Town of Norihampton, for the rebuilding the Cathedral of 
St. Paul's, London, for the relief of the French Protestants, besides odier 
briefs for fires, for the redempuon of captives and the like, we give con- 
siderable sums of money as well out of die puldic stock as out of our 
private purses. 

•As for turning the remaining part of die Hospital of S^. John about 
twenty years since (for this it seems had been misrepresented, and about 
which they desired sali>fiction) into lodging-chambers, which were very 
much wanting lo th.v i\:)lou-s. tliat all. 'ration was not made without con- 
sulting the Bidiop of Wiuche-tcr, oar Iulj,} \'i;-aror, and without having 
obtained his Lordship's consent : there having been no use^ as we could 



3 CSV. 



AND KING JAMES IT. 



163 



ever learn from our Predecessors, of those rooms, and as Ave may seem 
not without good grouiui^ to l^cl'eve since the time that pilgrimages were 
lefr off ai'd di-usfd 1 jre iu Jingland'. 

'But, \:\y Lord-> u up >n research (vvdiich we will endeavour to make 
\sith all possible dljigence) v/e shall fmd any obligation lying upon us to 
use larger mca^-iires of hospitaMty, we assure your Lordships we shall be 
just to thiit obligation, and for the future will fully satisfy it, as we v.ill any 
other point of duty, which is incumbent upon us, as Fellows of the 
College. This we lK)pe will satisfy your Lord.diips at present, and we 
huTubly desire yoiir Lordships to make, as we are assured your Lordships 
will do, a hdr and candid inter}iret,nion of this answer to his Sacred 
^Lijestv, whom God bless with long life and a ha])pv and glorious reign. 

Tllomas Smidi, D.l.V 

I added only by way of explanation, what I have learned from tradition, 
tha^ tho e roo^:::^ of the ITo-: il.d no,v turned into chambers liad not been 
used as they v ere fr-i ^, :igned, since King Henry the S^^^i'^ time, and 
that they hid 1;..Cm lI.. iceep^don of pilgrims travelling out of W'aics to 
Thomas a Lci,k< t ^ Shrine at Canterbury, who was the great Saint and 
]\Tart\T of the Ivoman Cf;urch, but by the laws of England a traitor 
rgainst lus Sovereign ! ig.. Lord. King Henry 2'h 

With these papers the Cumnn^sioners professed themselves satisfied. 

197. 

1G87, Oct. 28. Proceedings of tho Coir-missioners. 

D'*. Rogers late Organist had a hearing upon his Petition to be re- 
stored, which !)'•. Stahord managed and satisfied. The Commissioners 
ordered us to continue to pay him £30 per annum, which we promised to 
allow him during his life when he was dismissed, v/hich we never refused 
to do. Upon this complaint 1 told D^. Stafford that now was a proper 
time to inform the Comniissioners of a Bed-maker's Servant being got 
with child al^out tv.o or three years before, and that I would make com- 
plaint of it in order to have the guilty person punished according to his 
demerit, and for the fuller discovery of that wickedness. But he would 
know nothing cf it, and desii-ed m</ to desist, the offence being scandalous, 
and would make a great noise, and bring a disgrace upon the College. 
The Court adjourned till the next day. 

\Cohhett, col. 65-67.) 

198. 

1687, Oct. 26. Letter from Henry Holden, Fellow, 

The morniug was spent in clearing the imputation of having mis- 
emplo} ed some benefactions given for iios|jiLality and charity, which they 
(the Fellows) did to the Visitors' entire satisfaction, evidently proving that 

i In the "H'd: of P.-.pe CaM^'u?. a d. 1457, it wa.s especially .sfiiVulnNyl ..juoi Eccksia 
fjuJufl Hi-spiLi.'is a.t ^v.- l,}!cs ■u.;iis, Vtlnti /nerciihi ■', r.uniinc 'r.^ijalur, scd in 
D IV in is conj:!-::-.!. cncra sufj'jrftniur, I'iiis seems to have been turguiteu, but the 
reigu of the Puritatis must be remeuiLered. J. R. 11. 

M 2 



MAGDylLEN COLLEGE 



10S7. 



tbe-y bi^stovred upon incli.ient people ncor £ioo per aiiiram out of the 
piiblick Stock, more than they are uhliL^ed to by au}' Stai'Jle, not to 
mention n-hat otlier euins are collected in the Chapel at Sacraments, and 
other '\va)S, which are very considerable, the Visitors thereu[)on declaring 
hi.s r\rajosty v/ould i3e hiidily pleased with their account, for they had been 
especially mi.-rc];re<entcd to him in that particular. Then LX Hoppers, 
the kite organirt, tii ined oat about a year since, presented his ])eliLion 
setting forth his having been invited by D^'. Pierce from Eton, wliere he 
had £60 per annum, to Magdalen College. He was turned out of his 
place by reason his daughter was got with child, — but the point was 
clcaicd before the Bishop of Winton, and so ihe Court would not look 
into it any more. Adjourned till the next morning. 

{MS) 

199. 

1687, Oct. 26. Letter from John Smith. 

Oct. 26, [i6]S7. 

Honv'^ Si' 

I understand their Lordships the Commissioners are inquisitive after 
me, and apt to inter])ret my absence to be contempt ; this is to assure 
You nyion my v. ord, S^", (and if occasion be, I am ready to take my oath 
upon it,) . t it not out of any disrespect to their L'^ships that I am 
absent. And I desire Yon upon that Friendship and kindnesse that has 
formerly l.^een I .nw 'xi irs 10 acquaint their I.^ships with as much, but that 
it is out of a bodil\ in li-position ihat I do not waite upon them; in soe 
doing You will lay a fresh obligation upon 

Your affectionate huml)le Servant 

John Smith. 

I beg your pardon for this hasty and therefore blotted scribble. 
\Addresscd :'\ — For his honoured Friend D^. Fledges. 
[\Vith sm.all red seal] 

{Buckley MS) 

200. 

1687, Oct. 26. Continuation of Baron Jenner's Diary. 

' No express yet come. Viewed our proceedings : then went to the 
College and sat a little while : heard the organist's petition, and dismissed 
it : then went to Chapel, and adjourned till nine the next morning, and so 
to dinner. Several of the University dined with us, and then went about 
two to Lincoln College to . , . there, where a very well fitted up Chapel : 
from thence to the Laboratory, the Theatre, Schools, and Library, where 
the Bishop of j\Lin met us : thence to the Physic Schools, Convocation 
Flouse, and so to Qm ens to D-^. H'dc's th'- Library keeper, and D^. 
I lalton, the Provust Uiere : then to the Pi actor's at University College 
(Thomas Bennet) to supper, and home not very well.' 



16S7. 



/LVD KING JAMES II. 



20L 

1687, 0.;t. 27. Letter from TramaUier. 

(Extract from the 'Academy/ July 25, 1874.) 

The following letters ^ giving a contemporary account of the expulsion 
and subsequent restore tioa of the Fellows of IMagdalen College, Oxford, 
will not be read without interest. The forced intrusion of Parker, Bisliop 
of Oxford, into the Presidency, and the spirited conduct of D^. Plough, 
the President, and of the Fellow.^, are known to everjone through the 
pagv^s of j^Iacaulny ; James's tyrannical bearing in this instance doing 
' more than even the prosecution of the Bishops to alienate the Church of 
England from the tlirone.' The writer was one Thomas Trarnallier ^, of 
Jesus College, and the letters arc addressed to, or written for the informa- 
tion of, Viscount Platlon. 

E. I\Tavnde Thompsox, 
(Keeper of tlie jISS. at the British Museum). 

'Jesus College: Oct^'t^* j^gy^ 
' On Thursday last iri the afternoon came hither the Ecclesiastical 
Commissioners, viz., the Bishop of Chester, the Lord Chief Justice 
Wright, and Baron Jenner ; and the next day in the morning tht'y went 
to Magdelen College Chapel; but that place not pleasing them, they 
rauov'd to the Colle^-e If:;!, where, according to a citaiior. putt up on 
the College gate two da^'s before, a[ipear"d before them the President I)^. 
Hough, the Fellows, ^vit'h the rest of the Society. Their Conimission w as 
f]'-st read, empowring tliem to visit the Vniversitys, particularly Magdelen 
College, th.e same in effect, mutatis miUandis, with the general Com- 
mission of that Court ; and then the Bishop of Chester made a Speech, 
or a Charge, consisting for the most part of upbraiding Reflexions upon 
the Loyalty and behaviour of the College towards his ]Ma>y, with some 
exhort itions to submitt to the King's Afandate. Li the afternoon they 
mett again; when D^. Hough declar'd to them in his name, and the name 
of the Society, That he own'd their Authority so far as it agreed with the 
Laws of the Land, and y^ Statutes of the College, and no further : telling 
them wi'jiall, That i*. wa; a hard thing they should undergoc a Visitation, 
at so short a warniTig. This Declaration of submitting no otherwise to 
their Visitation, as also of the hard measure he had, he afterwards con- 
firm'd, among other arguments, by the Oath he had taken as President, 
which is indeed very solemne and express; and other Statutes of the 
College, which they are all sworn to observe ; giving them an account of 
the wliole Transaction ; but particularly of the methods they had us'd to 
avoid their falling under the King's displeasure. In the mean while the 
Commission order d several Papers to be read, concerning that affair, 
both from the Ecclesiastical Courts, and the College ; askt c|uestions to 

* See Nos. 239, 2oy. These Letters of Tramaliier have been rcpubllslred in The 
Corre.sfandcnce of the Fa;!'?/}' of Ilatton, edited for the Camden Society by Edward 
Maunde Tiionip5-on, of the [irilish Museum. Vol. ii. p. 7,;. 

^ Thr.mas Tramaliier, B.A. Jesus College 12 Apnl, 167S, M.A. i3 Nov. 16S3. 
B.D. May 31, 1690, 



MAGDALEX COLLEGE 



1687. 



and fro, especially about the coming in of some of their Presidents by 
^J.Did i'r= : ir. vnicl) suLible answers were retnrn'd, and call'd for 
T'.ooks ai\d r ■jgisiL" >, with other In-ti urnonts rehuing to die Kstate of the 
Collt;.'e. One thing 1 must not omitt, b:cnn-e indeed it was very 
singular: when D'". Hough insisted upon tlieir oblieation to observe the 
Statutes of ye Coll: and told them it was his Resolution, by God's help, 
to doe it; the Bp. ask't him, why then they did not read .Mass, according 
to the Statutes of the College? to which the D^". ansv^ering, That besides 
that iMass contain'd several impiet}S, it was contrary to the Laws of the 
Land; tlie Commi. sioners desir'd him to shew them to v.hnt Lav.-; and 
the .-^cts of Uni!' >rnr'ty being instanc't in, they all profcs.-^'t, ihey could see 
no such thing in liiem ; but all this was but skirmishing in respect of 
what was done on Saturday. That morning then the Commissioners, 
according to Uieir adjournment, sate in the College Coinmon-room, whence 
all People were turn'd out ; but being lett in again, after t[:ey had closeted 
the D''. for about an iiuur. the sentcrice of the Eccle^ia.-tieal Court v.ns 
read thiice by th.e i!i.di'.,' : which -v.:. to lids effect, d'hat lie va> J'.xl.ir'd 
no President, and was forthwith to deliver up the Keys. To this he 
answer'd, 1 hat he was perhaps the only instance in England since the 
R(staura ion, th'.t ^' as lurn'd out of his pro{)erty, without a legal Tryal, 
or so iiiuch as a Citation ; and that he could not, nor vrould not part with 
his Right. In the afternoon the Fellows were call'd in, and being a^k't 
one by one, whether they would comply with the king's .Mandate for the 
Bp. ofOxon? i':at being read to tlK-m ; they all unanimour-ly refus'd it, 
bu; two, Lniith, and Charnock. It happenVl a htile before, as 

D'. Hough wa-< Protesting against the Proceedings of the Commissioners, 
and appe.d''' to the king and his Courts of Justice, that U\e People gave a 
PIcm; fur \,liich d oy drought fitt to bind him ouer to Westminster in 
2000 lih, bail. Idiey talk't once of Committing him ; though he told 
them, That by depriving him they had discharg'd him from looking after 
the College; and with [that] all the Fellows ofTer'd to take dieir oaths, 
that they were no way concern'd in it. iMy L'-l Chief Justice was pleas'd 
to oa}-, That if the Civil power ccuKi not keep us Civil, the r^Iilitary 
should. It was a rude thing, without doubt ; and therefore it was since 
condemn'd by a Prog[r]amma from the Vice Chancellour. On Tuesday 
morning they sate again ; but it v/as in order to admilt the Bishop of 
Oxford; \\hich being not to be done by the Fellows, they did it in the 
person of his Chaplain ; who, as his Proxy, took the Oaths, and v. as 
afterwards putt in possession of the President's Lodgings ; but not without 
breaking open the doors, D^. Hough retaining still the keys. It was ex- 
pected the Sheriff of the County would have bin concern'd in it, with the 
Posse Comitatus ; or that \^ three Troopes of Plorse which have been 
quarter'd here ever since the raising of the xVrmy should have bin employ'd 
in that execution; but it was done in y® manner that I relate, whatever 
private Instnictions they might have. In the Afternoon the [course] was 
chang'd; and the Bp. of Oxon being consider'd as possess't of the 
Presidentship, a new Question was putt to them, viz. Whether they would 
obey him now h^^ was in by the King's Authority? To diis the Fellows, 
DemyeS, Chaplains, and otliers of tlit' FoundaUon, answ;a-"d, Tliey would 
submitt to him, as far as was consistent with the Statutes of the College; 



1687. 



AND KJ.YG JAMES 71, 



167 



only two rofus'd it absolutely, the Famous D'". Fairfax, and the Under 
Tortor. Thr- ]')'', to: .v-r.- ^T r-ritcrin^ his Fro!-estat!(in in due forme of 
Law, was depriv'd itwr.n.ily cf his Followshin, and cc»rnmandcd to depart 
the Collrje virh;j. a r,:M-niighi ; as ihe Und( r Porter was wiihin three 
days. In the morning there was puit into the Court an answer to that 
doughty argument That the l\!P;_:'s .Mandate is an Inhil>it!on ; but they 
were \\hced'ed off of it by some fev. sugar words, they then beginning to 
flinch. I was sui prisVi, I mu-t confe.^s, to see it come to this ; but I dare 
not judge tlicm. This is plain, 1 tiiink, I'hat they have thereby shew'd 
the king a way to piut into every place ; not to say, That in it's con- 
s .'quence it afuxl ev-.-ry ni .n's Froji'^rty in Fngland. Tfiey pretend that 
they have herein f^^ilu'-Zd the advice of their mo^i jutHcious Friends ; and 
that there was positive Order sent to turn out every man of them, that 
would not submitt/ 

202. 

1G87, Oct. 27. PrcceedinsT, cf tho Cor.imissioners. 

The Steward, i'sl'". James Almont, according to the Lords' order brought 
in an aceount in writing of the Leases let, and Fines taken for the last 
t\vo years. 

Then the Fellows desired that 1)^. Aldworth, their Vice-President, his 
suspension mieht ro taken off, his presence being so necessarv at their 
Au^iit wl • Ji hi.d; a; 

To wiiieh the Cou t r.-ph>:d that thev must apply to the Lords Com- 
missioners above, wh.o had su-pended h.irn. Idiey then adjourned till hve 
in the af'ernoon at v/hich time they met and adjourned till the next day 
at seven in the mornrng, before which meeting the follov/ing Letter was 
delivered to the Lords. 

{Johnskm^ 

This morning the Commissioners received a list of Leases etc. which 
had been renewt d tv.o years last prist. i\l'\ Charnock, the new convert, 
asked their Lord-lhps, wiieth^r those leases stood good, which had been 
sealed since D^. FIouL;-h*s Election. The Lord Cliief Justice answered, 
' Yes. for Corporations always speak by their seals.' Then their Lordships 
per ised the College Registers, and finding nothing in them to object 
against, they were returned, and the Court adjourned till the afternoon, 
at which time their Lordships told them that having received no Express 
from above, as they expected, they would adjourn till Friday at eight in 
the morning. 

{Impartial RelaiiorC) 

203. 

1687, Oct. 27. Continuation of D^-. Thomas Smith's Diary. 

The Court being seated, the Steward gave in an account of our fines 
for the two la.^i years. Th^ere was a ^'etition of Wiiiiam Fey (') late 

^ See Regi:,ter of Choristers, p. 107. 



t68 



MAGDALEN COLLEGE 



1687. 



cliorister, and now a trooper in the Earl of PeLcrborougli's Regiment, 
which v. as dehvered to them, as they said, by Captain Lawson, about 
nioney he prtteiulvd due to him from the College, lu\t it was fully and 
abunjai'tly an. vvered to their Lordships satisfactorily. They asked us 
if we had any thing to propose wherein they miglit serve us to redress 
it, which no man speaking to, they adjourned till fi\e ni the afternoon, 
at which time they said they would not detain us above a quarter of an 
hour. 



Thursday afterroon. Five Oclock. Only the Bishop of Chester and 
Baron Jenner came, and told us that they were in hourly expectation of 
an express from London, and so adjourned immediately to the next day 
at seven O'clock in the morning. 

{Colbdt, col. 67.) 

204. 

1687, Oct. 27. Letter from Henry Holden, Fellow. 

They (the Fellows) delivered a list of leases renewed in the two 
years last past, and ls\y. Charnock, the Convert, informed them (the 
Commissioners) of several leases renewed since D^. Hough's election, 
desiring tlie Cour'"s oi'inion whether they would st md good, v/hich was 
answered in the c ffirniaLiNe. Then they went to Prayers, (as they had 
done twice before), aiid adjourned till five at night : at which time D^'. 
Stafford moved t!iat D^. x\ldworth's suspension might be taken off. He 
was directed to make his application to ]Mr. Bridgman, Secretary to the 
Commissioners, their Lordships promising their assistance. Adjourned 
till the next morning. (TJAS".) 

205. 

1687, Oct. 27. Continuation of Baron Jenner's Diary. 

' Viewed our Proceedings : then went to the College ; heard a petition 
concorniag a Quire^ter, and dismissed it : and so adjourned till five : 
and then to prayers, and so to INP'. Dean of Christ Church to dinner : 
came thence to my chamber, and very much concerned for want of our 
express, and not well. I and my Lord Bishop went to the College, and 
adjourned till seven the next morning : — and from thence to iVR Arch- 
deacon Eaton at Gloucester ILdl, who v/as robbed the night we lay at 
Wickham, where my Lord Bishop was very merry wdth his daughters, 
which made m.e a little more cheerful, and so came home to supper. 

Vice-Chancellor and IM''. Beeston etc., but they went away before 
supper, but Captain Bramwell, and M^. IMordaunt stayed with us, and 
the two fine singing boys vvcre there, and after supper I left them, and 
no express yet, which made me very much troubled, and so went to bed 
and slept prctiy well' 



1687. 



AND KING JAMES II. 



169 



206. 

16 S7, Oct. 27. Letter from Lord Sunderland at Whitehall to 
tliO Commissioners. 

]\ry Lords, I have rvceived your Lordships' of the 25^^^. and laid it 
before the King, who commands me to tell you that he thinks the 
Fellows, who have subm.irted to the Bishop of Oxford as their President, 
oup-ht to make an x\ddress to his Majesty, askinp^ pardon for their late 
ollences and obstinacy, and acknowledging the Jurisdiction of the Court, 
and the Justice and Legality of its proceedings in the v.ijole matter. 
Ilis IMajesty leaves the wording of it to you, and the manner of doing 
it, but would have it done before you come away, and if any person 
shall refuse to join herein. His iMaje^ty would have you expel them, 
since he cannot look upon this, which is called a Submission, to be such 
indeed, unless it be atteiided with these circumstances. 

The King is verv veil satisfied viih the proceedings against Dr. 
Hough anrl Fairi'iY. but ihi:iks i }>;.'. fhe} d..s<- rve some further punish- 
niopt, fiT^d th'^refore v> h-^n ^ on r<^'rurn will have the whole Ecclesiasiical 
Commission pass a sentence of Incapacity upon them. 

The King- wou'd have you bel^ore }ou come away place William 
Joyner in the Fellowship lately enjoyed by Fairfax, and likewise 
appoint Judge Allibon's Ih-other and IM^. Charles Goring to be Fel- 
lows of that College, if there are tvso vacancies more. If there is but 
one, then Ju'lge Ail.b >iis Brother to liave that Fellow.diip. and N\y. 
Goring to come in upon the first vacancy, in case I\lr. Goring be a 
Fellow, His .Majesty would have Tvlr. Middleton, v;ho is his nephew, 
succeed him in his Denn ship, 

I am, my Lords, your Lordships most humble Servant, Sunderland P. 

{Johns Ion.) 

207. 

1687, Oct. 28. Proceedings of the Commis.sioners. 

The Lords in order to fill up the void places demanded of the 
Fellows how many places were vacant, and it appeared to their Lord- 
ships that there was none but D^". Fairfax's and iM"". Ludibrd's, who was 
lately dead. Then enquiry was made for the Persons recommended, 
and no body appearing the Lords could proceed no further in the matter. 

Then the Lords told the Fellows etc. that they could not heartily 
recommend them to his majesty's favour, unless they did address to his 
majesty in writing, asking pardon for their offences, and acknowledging 
the Jurisdiction of the Court. 

The Fellows making a little Pause, the Bishop of Chester told them 
that they might word it themselves, and if they thought fit ^V. Tucker 
should assist them in a Room, upon which the Fellows withdrew into 
the Hall to consider of it, and after some time brought in a Paper with 
all their hands subscribed of the Tenour following : — 

' iVIny it please your Lordships. We have endeavoured in all our 
actions to express ourselves with all humilit}- to his majesty, and being 
conscious to ourselves that in the w4iole conduct of this business before 



MAGDALEN COLLEGE 



1GS7. 



your Lordships, v/e have done nothing but ^vhat our Oaths and Statutes 
inchspc'iiso.h])- ohlip^cd us to. Wc cannot n]akc any Dechiration whereby 
^\e acknowledc'r that we have done amiss, as having- acted according 
to the jai]-cip'es of LojaJiy and Obedience to his Sacred Majesty so 
far as could without doing violence to our consciences or prejudice 
to our rights, one of which we humbly conceive that of electing a 
President to be, from vdiieh we are sworn upon no account A\hatsoever 
to dep<irt. Vv'e therefore humbly beg 3-our Lordships to represent this 
favourably to his majesty, whom God grant long and happily to reign 
over us. Signed. 

Alexander Piidstry Francis Bagshaw 

I'homas Ilayley Joseph Harwar 

Thomas Stafford George Hunt 

Charles Hv.ales John Gihiian 

Robert Aimont Thomas Bateman 

TvLiinwaring Hammond William Craddock 

Joiui Ro?;ers George Fu'Ii.itii 

Jamc-s l^iylev Henry Holdeii 

LIcnry Dobson Stephen Weelks 

J jhti Davys Charles Peniston. 

This being read, and the Court, saitli the Register, looking upon the 
same to contradict the submission they had given in before, the Lords 
again asked them whether they would submit to the Bishop of Oxford as 
their Presivlont or no. {Johnslon.) 

208. 

1687, Oct. 28. A3 above. 

Dr. Pudsey, Dr. Stafford, JM^. Hollis (Hawles) and Mr. Penniston, 
referred to their Paper of Submission given in on tuesday. and the 
greatest part of the rest desired to be excused from answering the Ques- 
tio 1, declaring that their obedience or disobedience would best appear 
by their actions when the Bishop came amongst them, and if they were 
disobedient to the President they were hable to be puni-hed by their 
Statutes, and said further that they, having given in their submission 
on tuesday, thought their Lordships' Honour was engaged to require 
nothing further of them. But the Court insisting to have a positive 
answer to the Question, and the Bishop of Chester sa}ing, It was 
ProLsiatio contra facium. Dr. Bayley, M^. Hammond, i\Ir. Dobson, Mr. 
Bayley, VJ. Bagshaw, M^. LTarwar, i\Ir Bateman, Mr. Craddock, Mr 
Oilman, Mr. Holden, Mr. Weelks, and Mr. George Fulham positively 
refused. {Johnston) 

209. 

1687, Oct. 28. As above. 

The Commissioners being seated, all were commanded to withdraw ; 
then only the Fellov/s were called in, and the Bishop of Caester said, 
they had represented thera fairly to the King, but that his majesty ex- 
pected some farther submission, which they advised them to make, by 



4 



1687. 



AND KING JAMES 11, 



171 



acknowledging their contempt to his Sacred majesty in Person, and to 
I.!-. L„.L re , \ '!r-.r "V:}' o-'ir^ild pronrsc to behave themselves loyal for 
the fufiue ; an J ;iiat tliev should sorne ways own the Proceedings and 
L'^cranty oi" the Corrt. ai d im[)lore his majesty's Pardon, and lay them- 
seh.es at his Feet. The FeUows making a httle pause, the Bishop of 
Chester tokl them that they might word it themsekves, or, if they thought 
fit, AP". Tucker, a pubhc Notary of tlieirs, shouki assist them in a Form. 
Th.en all the F^ellows withdrew into the Hali, and drew up the answer 
\_gLVtn by Johns/on ah''vc\ 

Upon their Lordships perusing of the answer, they expressed their 
dislike of it, sayincr, it did not come up to the Address sent to his majesty 
at Jkath, which was read ; to this it was replied that they hoped their 
behaviour since had been every way an.-werable to what diey had herein 
promised. Then their Lordships said that it did not come up to what 
they delivered in on tuesday. 

J7. iJaylcy. Isly Lord-, wo have acted conformably to ourselves, and 
truly, my Lords, [ q-v.v:\:'\ j. ^sil^ly confess any crime. 

Bishop C. We do r'ot expect of you to confess any capital Crime, only 
to make some acknowledgement. 

i\r. Fulha^:'. Aly Lord, we v/ere ordered to address ourselves, as 
having acted in contempt of his majesty's authority, which, my Lord, I 
look upon as so great a crime that on no account I would be guilty 
of it. My Lord, we have endeavoured to obey his majesty to the utmost 
of our power, av'l -ecin;^^ }our Lordships were pleased to accept our 
answer on tues'kv} _. 1 humbiy conceive your Lordships' honour is engaged 
that nothing further be required of us. 

Bishnp C. Vou are a very forward Speaker, and abound in your own 
sen^e. 

nr. FidJiam. Aly Lord, I hope your Lordship will give me leave to 
speak when our fortunes are so considerably at stake. 

Then D^. Bayley desired of their Lordships to give him leave to 
explain v.-hat he meant by the word ' submit' in his answer on tuesday, 
because (said he) I hear your Lord -hips understand more than was 
meant, and lest your Lordships should go away under a mistake, by the 
word -submit' in the former answer, I did not intend any future 
obedience to th^ Bishop of Oxford, but meant it in reference to the 
King's authority, in ismuch as I did not oppose or resist the Bishop of 
Oxford's Installation. 

Upon this a fresh question was put to the Fellows, whether they 
would obey the Bishop of Oxford as their President /// licilis et honestis, 
to which all except one or two answered, they could not obey the Bishop 
of Oxford as their President. 

Then IsV. F'ulham was particularly asked the Question. 

j\r. Fidham. D^. Hough being duly elected and admitted President 
doth thereby obtain a right, which I am not satisfied he hath anyway 
forfeited, and therefore can obey no other Person as President. 

Bishop C. Will you obey the Bishop of Oxford as in possession ? 

^F. Fulhjm. I cmnot because the Bishop hath not lawful Possession. 
Then lie (the Bishop C.) asked wherein.? 

M'\ Fulliam. Fie hath not Possession in due Form of Law, nor by 



MAGDALEN COLLEGE 



1687. 



proper officers. I am informed that the proper officers to give po6ses- 
iion of a Fioehold is the Sherifl' with a I'^osse Corniiaius. 

Lord Chi'.f Justice. Pray who is the best Lawyer, you or I? Your 
0::ford Law is no better than your Oxford Divinity. If you have a 
mind to a Posse Coniikitus you may have one soon enough. 

il/*". Fulham. i\Iy Lords, I intended nothing but respect to your 
Lordships, and liave endeavoured to speak and behave myself with due 
reverence, and I hope your Lordships will put a favourable construction 
on what I said. 

Then ail were commanded to withdraw, and the Buttery Book was 
called tor, and after that IM^. Fulham was sent for in, and by the 
Bishop of Chester suspended as foUoweth 

Bishop of CJiesler. IsV . George Fulham, we have thought fit to suspend 
you from the Profits of your Fellowship during his -Majesty's Pleasure 
for your contem[)t and opprobrious language. 

Then ihe\- adjourned till Wednesday the i6di of November, ordering 
the absent jV:;(.,v^, to b.- s-nt for home against that time. So th-\- im- 
mediately went for London. {Lmpariial Rclafioii.) 

210. 

1687, Oct. 28. Continuation of Thomas Smith's Diary. 

The Conmiis:-;ioncrs told us that that morning they had received an 
express from London, wherein the King recjuired that the Fellows should 
acknowledge their disobedience in contesting his authority, and therefore 
they ordered that the FeHows should make diis acknowdedgmxent, in 
order to tlie Iving's satisfaction, in a writing under their hands, which 
they Avould leave them to draw up and word : how that they were sorry 
that they had displeased his ]\Lijesty, and disobeyed him, and to that 
purpose, and therefore we were bid to withdraw ; and they said that if 
we would jNI^ Tucker should assist us, adding moreover that we under- 
stood very well hovs^ to drav/ up an Address, and that they would leave 
it wholly to ourselves. 

In this affair I was wholly unconcerned as to any kind of obligation 
lying upon me to join in such an Address, who had been absent from 
the College with statutable leave, during the heat of the contest ; (the 
Fellows refusing my advice for deferring the Elecdon till the King had 
been petitioned a second time : which method, if it had been followed, 
would have prevented all the troubles which fell upon the College). The 
Commissioners upon my saying thus much acknowledged that I was not 
obliged, nor was a Subscription required of me, as is subtilly but most 
falsely suggested in the 'Relation' p. 37 and p. 38, who was so 
far from being pressed, as is there said, that he was not so much as 
spoken to. But however, after some little demur, I went up to the Hall, 
where the Fellows were retired, to discourse v.'ith some of them, and to 
interpose my advice. They told m.e that they ^vere required to acknow- 
ledge themselves disobedient, that is rogues, villains, and other such like 
terms they used, which they would never do, and were divided about a 
Form. I told D^. Bayley and odiers that they might do it in such a form 
as might neither displease the Commissioners, nor prejudice themselves 



10B7. 



AND KING JAMES II. 



as that: — 'We are heartily sorry to have incurred your iNlajesty's dis- 
[' :: ::■•■.:, ' \^ ,^.-^>. .r-.^er'" of this case \vc have done any- 

thing amiss tending that v,-ay v/e humbly be.a your Majesty's pardon/ 
or to this purpose. I said m.oreover that I would not accuse them, but 
I was to defend myself : — that in the management of the best cause, 
there might be misbehaviour and miscarriage, and tiierefore I begged of 
them for God's sake very earnesdy that they would consider what they 
had to do. 

But I not prevailing, they drew up a Paper, which being subscribed, 
they went dov\-n with it to the Common Room to present it to the 
Commissioners. As soon as it was read, the Conmiissioncrs said, it 
was not a Paper fit to be offered, and that they had offered more in a 
former Address, which was read, and that it was not agreeable, but 
directly repugnant to their Submission made on tuesday, the Bishop of 
Chester addino:, that it was Proiesfaf'o contra Faclum. 

{Cohhetl, col. 67, 68). 

(1GS7, Oct. 23. Continualion of TliODias Smith's Diary.) 

Dr. Bailey desired to explain himself as to that Paper, that by the 
word ' submit ' they only meant that they would not oppose, and that 
as to owning the Bishop of Oxford President they had no such design 
or meaning. This appeared to me matter of astonishment, for that the 
Submission was niiile after the Cummissioners had installed him. 

Reflecting upon liiis interpretation I have said several times to them, 
If we may fasten an interpretation upon words, contrary to their plain, 
obvious, and coann^jn sense and meaning, let us henceforward cease to 
cond mm and preach again, t the Jesuitical wicked doctrine of equivoca- 
tion and mental reservation, and that if we novv- thought ourselves bound 
to observe the Founder's Statutes ad liicram in every particular, and that 
we could not be dispensed with from them, as we had been dispensed 
with formerly in divers instances, and especially about elections, we 
ought to take shame to ourselves by a public acknowledgement that 
we have lain so long under those fatal errors, and do penance for our 
manifest and wilful perjuries. 

After the general Submission made by all the Fellows, except D^. 
Fairfax, and all the College besides, except the under-Porter, both of 
wliom were expelled, I observed that there v/as great dissatisfaction 
taken by several at this their compliance, blaming them for leaving 
Fairfax in the lurch : besides they were piqued by ]\P". Obadiah Walker, 
and his parties, upbraiding them that they durst not stand it out, and 
it being commonly said m the Town by the ordinary people, ' here is 
your Magdalen College conscience,' besides other motives, they thought 
fit to evacuate their submission by this equivocal interpretation. Then 
the Question was put in these very words to those only who had subscribed 
the Paper. 

Will you submit to the Bishop of Oxford as President in rdliis licilis 
el honest !S ? 

But they refiised, most of them saying they ^vere of I)^. Bailey's 
judgement. Statlbrd at first desired time to cor^sider, and said, that 



174 



MAGDALEN COLLEGE 



1687. 



if he did not obey the President he was hnble to be punished for his 
die'obedience according lo l-ne Slatutes. M^'. Cr^iddock snid that he 
wuult' obey the I)i?Vio}> of Oxford as President, when D'^. Hough should 
be foand to be le^^-aliy divested of the Presidentship. IM^. lidliam in 
his heat said that the Bishop of Oxford had not been legally invested 
President, and that it ought to have been done by a Posse Coi:iilaius. 
This the Chief Justice highly resented, and told him that the Paw v;as 
not his Profession, and several other words to that purpose, as indeed 
most of them had something or other to say, when they gave in their 
answer viva voce to the question proposed, v.liich I took little notice of as 
being trivial. Soon after we were to withdraw. 

[Cobbcit, col. 68, 69.) 

(1687, Oct. 28. Continur.tion of Thomas Smith's Diary.) 

^^'hen v.e were called in. having discoursed with Fulham in the 
cloister ab' :)u: hi.-, unadvised words, I desired of the Commissioners that 
tliey would permit M^. Fulhan\ to retract some words he let fall liasiily 
a little before, and that he might have leave to explain himself, which 
be did : but the) answered that the affront to the King's authority was 
public, and so the Bishop of Chester, who before had called for the 
Buttery Book, as I tlu^ught to strike his name out, and with desic^n to 
expel him, onl\' suspended him from the profits of his Fellowship for his 
opprobrious I i-u v.o contemp: of the King's authority. 

Then they a'.ljou /ned the Court to Wednesday November 16^'^^, strictly 
ordering tiie F. Hows then present to give notice to such as were absent, 
to appear there before them on that day. 

{Cobbelt, col. 69.) 

211. 

1687, Oct. 28. Letter from. Henry Holden, Fellow. 

Thus far things went on smoothly, but an express which arrived at 
5 this morning quite altered the scene, for the Commissioners clearing 
the room, called in two or three Seniors, and afterwards all the Fellows, 
telling them that to save his majesty's Honour they must draw up an 
Address to acknowledge their disrespect and contempt of his authority, 
justify legal and equitable proceedings of the Court, and promise loyalty 
and obedience for the future. This as it startled themi very much, so 
after some debate amongst themselves, they produced this answer ver- 
batim, ' may it please your Lordship &c.' This Paper chspleased the 
Commissioners exceedingly, who told them it v.as rather to retract than 
confirm the former Submission, which v/as then ordered to be read again, 
and the Question again put to every Fellow whether tliey would submit 
to the Bishop in licitis ct horustis. D^. Bayley replied that the Submis- 
sion they had subscribed to was intended to the King's authority in 
putting in, which he did not oppose, but not so as that they did promise 
thereby to obe v tlie Bi>liop. Pd^. Fu'Hiam told them he considered that, 
since their Lordships iiad alroad)" accepted their tucsday's answer, they 
were obliged in honour to require nothing more of them : — that a legal 



1687. 



AM) KING JAMES 11. 



Possession ought to have been given by the Sheriffs Posse Coiuiialiis etc., 
for v.hieh words he was suspended the profits of his Fellowship during 
the King's pleasure. To make short, none of them, though the danger 
of noncomplyirig ^,•as iiainiated to them, and the Buttery-Book sent 
for, would comply. So the Court was adjourned to be held in the same 
place on Wednesday Nov. 16, and all of the absent P'ellowS; whose ex- 
cuses ha.'l been hith'^rto allovred, were required at their peril to appear. 
All was done before ekven of tlie Clock. 

{MS) 

212. 

1687, Oct. 28. Letter from William Shervvin. 

Sir, This morning the Commissioners met again at Magdalen College, 
and required th it the Society should giv.- it under their hands that what- 
ev^.T ilr.'v liiL!ii r;o was obstinacy in them, and that they were 

5A'ir\ f"' ;:;::r s > d ''ii.;, ..i.d U) own th'jvnselves to be wholly in an error 
in opposing the King's IMandatc ; upon which the Fellows v/ent together, 
and by 1>. Bayley gave this answer; that they had cominitted no crime, 
and tl eitlbrc could not l.ieg pardon, and wiihal said, to prevent any 
further misunderstanding, that they would ex[)lain the meaning of their 
first answer, that when they said they would submit, they did not mean 
that they would obey the Bishop as President in Ucilis et homstis, but all 
that lliey meant by it was that they would not oppose the Royal Autho- 
rii) whici! put him into the College. They were all asked if this were 
their answer, which they owned. IM^ Fulham was suspended for saying 
that the Jiishop was not lawfully put in, and if they had been resolved to 
cio it us they had done by force, it should have been by a Posse Coini- 
iatus. My Lord Chief Justice answered that the Bishop had more right 
to be President than ihey had to be Fellows, and would continue so 
much longer, and that the Posse would be amongst them before it should 
be long. They have adjourned to the of the next month. 

{f oLbett, col. 97.) 

213. 

16 37, Oct. 28, Continuation of Baron Jenner's Diary. 

' Rose at six of the Clock in the morning. No express yet, but then 
about seven it came in, which was very grievous to me, requiring that 
submission from the Fellows, which we know they would not do, on 
pain of expulsion ; and so we miust go back with them from our words, 
and to put in four new parties, Joyner, Allibone, Goring, and iMiddleton. 
So we went and found it so : they rather retracting what they had done, 
and one Fulham, a Fellow, saying some hard words about the manner 
of the I'ossession (of the Lodgings), we suspended him, though against 
my opinion, because he desired to retract it before he was ordered to 
withdraw, and afterwards. And we adjourned to the Sixteenth of 
November, albeit my Lord Bishop was for expelling them all presently : 
— and then went home and dine^i; — niuch cornpari}' of oflicers and M^*. 
Brome etc. And we took coach a little before one, and came to Henley 



176 



MA GDA LEA' COLLEGE 



1687. 



'^ho\■\f «;!v -^t; the Catharine Wheel, no very good house, and so to supper 
and to bed/ 

Oct. 29. 'T'arie from Henk:y till noon — Maidenhead — and then 
Katon the 1 ip.-.tafF alariaed us with a robbery, but nothing in it but a 
I'rick pla\ed upon him, and at JMaidenhead my Lady Chief justice came 
in with u^, — so came to iJrentford, and there dined, After dinner settled 
the Taper, whi.div o were to 'have read to the King, v\-ith some words 
between the liishop and myseif : theii went to Whitehall to the Secre- 
tary's ofiice : — then to iNI^". Chivins' chamber where my Lord President 
came do'vn. a'ld then the King. jJuth sci.-med to be well pleased, beyond 
all our cX[:ec. vdon, ..-pujially the I^i^hnp's : — thence came to my cham- 
ber, where saw Brothers Holloway and Powell, and so home with my 
son, where found all well. Jmus I)lo' 

214. 

1687, Oct. 31. Letter from WilUani Sherwin. 

Sir, I \\ in such haste, when I wrote my last, that I have almost 
forgotten wliat was in it, therefore I shall give you the trouble of this 
with the particulars of Friday's action. So soon as the Commissioners 
were seated, my Lord of Chester told them ; Gentlemen, his IMajesty is 
not pleasr;' ith \our answer, and does expect from you an Address, in 
which you .-l,..ui ov. ri .dl \ om proceedings to be in disobedience to the 
King, and in the same Address, though we do not require that of you, } ou 
acknowledge the great civilities you have received from us your Visitors, 
it will be well taken. Upon which there was this general answer made, 
that they were not conscious of any fault they had committed, and what- 
ever trouble had of late befallen the College, was a due observation of 
tlieir Statutes, and to preserve their oadis, from which they would never 
recede. jM^. Fulham, wdio had not before appeared, protested against 
thfir proceedings, and they have suspended him during the King's 
pleasure. Then the Fellows were ordered to go forth, and consider 
of an answer, which they returned \in Ihe form given above\. 

As to the advice mentioned in my last, I cannot be posidve, neither 
would I willingly make too near an enquiry, but this I am sure, that there 
were very few in that Society but had made full resolution^ at first to do 
what they will appear to do in the last, and whatever misconstructions 
are made of their first answer at present will be made fully satisfactory 
in the end. 

215. 

1687, Oct. 31, Letter from Henry Holden, Fellow. 

Honoured Sir, I have sent you such an account as, (upon the best re- 
collection I could make), I am asked to give of our College Transactions. 
What the event will be God knows, but w^e have reason to fear that it is 
but tlie beginning of sorrows. I do not see how possibly we could 
recede fr.>ni our ground. Idie Breach is no\\' wider than ever, so that 
nothing, without God's interposing Providence, but the ruin of Tvlagdalen 



3 0S7. 



AND KING JAMES If, 



177 



College is to be expected. There are many gapeing for our places. 
I'uc iiiohop iuA } ll Lorric to llie Lodpuc.^s, Lut has sent in some goods 
and Phi! .. 'I'hey talk th it iie will be here next week. We have nothing 
elsL of i^ew i., ind I ha\ " almost blinded myself with writing. Pray in 
your next let mc have some of your own advice as to my own particular. 
I caimol desire you to let John come vvith Pvl^. Holt and Guy Plicks, 
because I know not liow long the Commissioners will keep me in 
Oxford, but 1 heartily now wish I was at home. I leave it to you. M'". 
Jenkins tells me you were all well, which is evt-r the best news to your 
dutiful and obedient Son, H. PI. 

I\Iy duty to yo\irseu^ and my IMother with my love to all my Brothers 
and Sisters, I forbeai to say more lest my letter should be opened. 

{MS.) 

216. 

1687, Oct. 31. Letter from John Aldworth. 

Den re Brother : Octob. 31. 87. 

T)^. Plugh, after the most commendable behaviour I ever heard of, 
being PNqvdd, his Loiigings broke open, and Ilee bound in a loootb for 
hi.-) gO-)d b' haviour, because upon his appeale from the Commissioners 
sentence to His Majestie in his high courts of justice, the Standers by 
gave a Hum : The fellowes were summond to give their answer to this 
question. \\\\\ you submit to the B. of O. now instald by y® kings 
mandate, a'^ y nir pic-ident? The Answer was; Whereas His Majestie 
has bin pleasd by Ij.s F.oyal Autority to cause y^ Right Reverend et cast, 
to bee install] prc>iJent, wee do submit as far as is lawful, and agreeable 
to the Statutes of y^ Coll: Vpon this y« Commisioners were highly 
pleasd, telling y^ with v. hat advantage they Avoud represent y-"* to his 
j\Pijestie, and desiring them to propose what services they shoud doe 
them : The Vniversity decryd the fellowes as much, branding them as 
men perjurd, and betraiers of their president: This continud till his 
Majes ies Answer to their expres. Pb:e thought the fellowes Answer to 
loose and ambiguous and woud have them subscribe such positions as 
these, that they had bin perverse and obstinate in their behaviour, and 
that they shoud justifie all the proceedings of the Comms : Instead of 
v.hicb they unanimoiisiy gave in a declaration justifying their owne 
proceedings, and, I thinke, blaming theirs : At this jMeeting D^. Bayley 
Tut: tooke an Occasion to give his meaning of the submission, which 
was as followes ; When I said I woud submit, I spoke onely in reference 
to y^ kings autority, (as to the installation, and giving of possession) 
not I intended to pay obedience to y® B : as lawfull president ; adding 
yt it became him to give His Majes : as plaine an answer as might 
bee : then being askt whether he woud submit to y® Bys : as oresid :, in 
Ileitis et honeati^, Plee answerd he coud not, to w^li Answer all the rest, 
(excepting D^. To. Smith and D^. Pudsey) fellowes, demies and Chapp- 
lains, referd themselves : upon which the Commissioners became as 
blanck and pensive as before they had bin cheerfuU and obliging. That 
^vcii occasi'-..ns this letter is not to acquai'it with what I liave allready 
writ, but to let you kT>ow that y^ Commiissioiiers tooke several occasions 
to commend your respectfullnes to his JNIajesty, seeming to intimate, that 

N 



178 



MAGDALEN COLLEGE 



1C87. 



had you bin there^they shoiid [have] fonnd a readier Compliance from you ; 
-^ych. X beleive lias blemi^hc you in the opinion of others : The visitation is 
adjournd till the JO'^^ or 17^^^ of November, at w^ii time all the fellows 
are to nicet; pray consider whether it may not bee for your credit, to 
prevent a citation by a voluntary appearance : I shall bee on Wensday 
next at Oxford, where I shoud bee glad to meet you. T'.Iy Service to my 
I^rother and Sister ; 1 am your aff^c : Brother 

John Aldworth. 

D^, farfax is expelld, having talkt very pleasantly to y® Com^^ They 
proposd y*^ question singly ; Tlie D^". tolde them he wonderd they would 
trouble themi^clves to Closet Him. Pelham told them hee thought 

the Bp. illegally possest, because not done by the Sherrifte ; which so 
nettled ye that they have suspended Ilini : 

No body woud breake open y^ Lodgings upon their bare Order, one 
Smidi when he knew }® buisnes lie was sent for run away, so the 
Commisioners went themselves and saw it done : 

The under porter for n/using obedience to y*^ Bp is expelld : 

The very day the Lodgings were Broke open, the Bi'- Lady, led in by 
Tom Collins, went to veiw them : 

Tis said the Visitors had Commission to Expel every fellow, but v/oud 
not execute it : they are gone to London for new Orders against the ap- 
pointed day. 

(Endorsed :) — For D^. Aldworth at Stanlakes neare Twy-forde in Berks ; 
With care and speed. [Brayorooks. MS.) 

217. 

1687, ITov. 2. 

On the Second of November I>. Parker took possession of the Pre- 
sident's Lodgings in his own person, being then in a sickly condition, 
where he continued to the time of his death, which was shortly after, 
viz. 20 March 1687-8. 

218. 
1887, Nov. 3. 

At a Court in the Council Chamber — 

Present : 

The Lord Chancellor. The Lord Bishop of Rochester. 

The Lord President. The Lord Bishop of Chester. 

The Lord Chamberlain. The Lord Chief Justice Wright. 

The Lord Bishop of Durham. The Lord Chief Justice Llerbert. 

M^. Baron Jenner. 
Account of the Proceedings of the Visitors at I\Iagdalen College read, 
and the Letters from the Visitors to the Lord President, and his answers. 

219. 

1687, Nov. 6. Letter from William Sherwin. 
Sir, I cm very unwilling to give either of those worJiy persons names, 
who are reported to advise with the College in that ansv>^er which seemed 



1687. 



AND KING JAMES 11, 



179 



a compHance, but whoever shall talk with the Fellows of IMagdalen 
College, irh>)' are so tar irriiii linnkmg tiicmselves in any fauli,, that they 
very hJghl}' justify that action. And they do not wonder that the world 
should he ^o iiiist.'ken as to make a false construction of it, since the 
Lords Commissioners did themselves do so, and make report of it 
above, as if they had now secured the business they came about. I 
mean, in brinc^ing tlie College to a submission and acknowledgement of 
their fault. When, I have toldyou^ at the same time that the seeming com- 
pliance v. as delivered to the Commissioners, the Petition (of D^*, Stafford and 
Fairfax on the 25^^ of October) was likewise delivered, and if they had 
t^mpaied uoih together, and considered of it, they would have suspended 
their sending an account of the College's compliance, I have the good 
fortune to be frequently with those good men at IMagdalen College, and 
1 am fully persuaded that as they will always appear loyal, so all persons 
will find them persons of great honesty and good conscience. D^. 
Pairfax has come to my house. He gives you his service. 

{Cohhcii, p. 98.) 

220. 

1687, et^.rly in Nov. i^) Draft of Charles Aldworth's Defence. 

Before I answer the Quest, it may be expedient to profess all due 
respect to the persons k Characters of my L'^s Comissr^. And if any 
affront be offcrd them during their stay here, yt I doe publickly disovvue 
it, t^. am UT'Concernd in it. 

If chargd with Contempt for not appearing sooner, Ansv\^ : IMy L*^^, 
I have be( n in the Countrey since my suspension, and had no notice 
of yr L<^^p3 first comeing hither, I have now made my appearance ; & 
submit to y^ Autority (if required thereto) so far as is consistent with the 
laws of ye 'land & ye Statt. of the Coll. 

If it be said, The K. has power to alter Statt, Answ. Our Statt are 
confirmd by seueral princes before <?-: since y^^ reformacon, which we 
are sworn to obey, and not admit of any change or alteracon by w' 
Autority soeuer, see y® fellows Oath— I doe not presmne to say The K. 
cant alter our Statt, but I a!u sworn to observe em as they now stand. 
I dispute not ye Ks power. 

If obj. The Stat, for IMass is laid aside, Ans. The law of the land has 
nulld yt part of our statt, & where the matter of the oath ceases, the 
oath so far ceases too. 

To the Question will you Obey y® Bp in Ileitis etc ? 

IMy L<^3, I am as ready to comply with ye K.s plesure as any man, 
nor doe I know y* we have euer here refused to submit to y® Kings 
l^landates when it was in our power to obey them. 

My L*^ Our Founder Ins prouided yt no Stranger shall be president 
here that has not been bred in his own Coll, or in the Coll where 
himselfe was bred. 

Now for us who have elected d^ H a person qualifyd accord, to our 
Statt, who has bctn installil sworn approved of and confirmi'd in all the 
manner & ways prescribd in ye Statt, for us (my L'^--^) to accept of and 

* This sentence is printed as it stands, the general sense tciur;^ clear. 

N 2 



l8o MAGDALEN COLLEGE 1687. 

submit to a stranger and forci^-ner to us is for ought I can understand a 
giuing v.p the rights oi the Coll, and alienating the revenue, & diuerting 
it to other uses the founder designd it 

I\Iy The v;hole Tenor of our Statt runs, That we shall mainteine 
our rights & reuenue. We eat our Founders bread on this Condition. 
His Curse is upon us if M'e doe not observe his Statt. (Here repeat the 
Clauses in Finis et Concl: stat.) 

And therefore, My L'^^, I doe not see with regard to our Oaths, or the 
rights of our Successors, or of D^. Hough, whom I must auow to have 
been as fairly elected, & as legally possest, as euer man was since y^ 
fcundacon of the Coll, how I can submit to my Bp of O as presid^. 

Of those 4 since y® foundacon y^ had the Ks letters, 3 were 
Statutably qualifyd. As to Haddon; He was put out in less then a 
years time, & reckond an Intruder, besides the Actions of other men 
in departing from y® Statt of y^ Coll, if any such have been, can be no 
precedent or inducement for me to doe like. The founders statt are 
our rule, and nut one irreg^ular precedent 130 years since. Haddon after 
ye statt ^ oaths were altered. 

I>. Oliuer appears to have been duely elected. The few instances we 
have are argurn^^ of our readynesse to comply with our prince when tlie 
person was otherwise qualifyd by Statute. And we are perswaded our 
readyness to yield all due obed. to our Soueraigns Comands when 
requiring any thing of us consonant to our statt shall neuer be made use 
of to fore J oui Co' isciences in other cases directly contr. thereto. 

If said a readyer Ccmplyance was expected from me. 

Ans. iNIy proceedings have not been disrespectfull to the K. in any 
particular from tlio beginning of this debate. I tocke early care to give 
his jNla^y an acc* of F'^ incapacit}', & deferrd the election to the utmost : 
we were comanded to elect one yt' was unqualifyd, which when we 
could not doe, we had no inhibition to elect one yt was qualifyd, we gave 
the K. early notice, and sta) d y® utmost time, which was all we could 
doe. jMy L^^^, I am always willing to obey the K, tis my inclinacon & 
my intrest to doe so. I am not so well provided for in the world, as to 
throw my selfe rashly out of my fellow^p, And therefore y^ L^^sps can't 
thinke tis out of any Contuniacy or disobedience y<^ I refuse to submit, 
but out of real regard to my co[u]rse with relacon to the founders statt. 
and the rights of others. 

My L^, Is there roome for any farther address to the Ks ? If not, why 
then, jMy L<^s^ x can only hope y^ L^^p" will interpret my actions charitably, 
and make a fauorable representacon to his Maty. 

If Expelled. 

My L<i-^, I am not of y* character & temper to stand out in opposicon 
to y® K.; only beg leave to use all legal ways of being relieved. 
Here give in y^ protest, desire it may be recorded & withdraw. 
If required to sign any paper. 

IMy L^Is^ I shall euer thinke the K.s displeasure the greatest misfortune 
y* euer befell me, but cant ov/n my selfe faulty in hfiinng acted Hke an 
honest man. I h.'Vc cndcauord to behave niy^^; ih; \viih duty to His 
r.Iaty, & respect to His Comis.-.r^. 

{Braybrooke MS.) 



1687. 



AND KING JAMES IT. 



i8i 



221. 

1687, IS! ov. 12. CriticiBm un tne foregoing by K. Aldworth. 
Dtvr Br. 

In yr paper Answer to } « first objection had better bee left out, for 
it may give offence, = but I hope that is not now Case=:I am clearly 
for yr acting in this & all occasions according to y^ conscience but 
there is a civiiity w^"^-i becomes men allwa^-s to pay to their superiors, & it 
never huits men to answer n^odestly & with respect, dio' they bee never so 
hardly dealt v%-iih, but I need not mention this to you, it always being y^ 
practice as well as opinion. I am wish[ing] you good success 6z am truly 

affectionate brother 
Nov: 12 : 87. R: Aldworth. 

(Endorsed :)—Yov D^. Charles Aldworth at Magdalen Colledge in 
Oxford. {Braytn-Goke MS.) 

222. 

16S7, Nov. 11. Election of nev7 Folic v/s. 
The King issues a IMandamus for JM^, Charles Goring and JM^. 
Thomas Iliggins to be admitted Fellows. 

(See No. 227.) 

1687, Nov. 12. 

TliC King's ^Mandamus issued for the admission of IMr. Fairfax, jM^. 
Robert Hill, and M^. John Warburton as Fellows or Demies. 

1687, Nov. IS^ii. 

The King's Mandamus issued for the admission of M^. Francis Hasle- 
wood and jNI^. Lawrence Wood as Fellows. 

223. 

1687, Nov. 14. Continuation of Baron Jenner's Diary. 

Set out from my own house to Leicester fields about eight. Lord 
Chief Justice, Self, and Hedges, in one Coach. Set out thence about 
eight. — Fat som.ething iii the Coach at Colbrooke : — drove to Henley 
in good time, all safe and well. Parkins, Barrow, and John went with 
me : — layed at a private House, one Glydewell, a Shopkeeper : — 
very well and slept so, only in concern about my errand. 

Nov. 15. Set out after eight all well : arrived at Magdalen College 
about one : the Soldiers receiving us : some thing late before we got 
our diimer: slept afterwards: — then went out: — saw Mistress Holloway, 
Almond, IvfJ". Browne; — so home to supper: — so to bed, lodgings very- 
good. 

224. 

1687, Nov. 15. Continuation of D^. Smith's Diary. 

The same Commissioners came to Town, being brought in by three 
troups of horse, and w ere lodged in the CoUege. 



MAGDALEN COLLEGE 



1CS7. 



That night I was sent for lo the Lodgings by the Bishop of Oxford, 
not knowinrr iri the. leai^t that the Commissioners \vere \vith him, (for- 
bearing to visir }jim above once or twice at mo.^t upon his taking 
po-sessioTi -of the J.odgings, notwithstanding our intimate friendships 
many years befcr^^, which I tlien chiefly waved, to avoid all possible 
umbrage of roe, so tliat I was surprised at the sight of them,) where 
we had but little discourse and that of indifferent things. Only before 
I took my Iccive Baron Jenner took me aside, and asked me very 
seriously, ' D^", I pray you tell me when you delivered the petition of 
the College to my Lord President ? I told him upon the faith of an 
honest man and a Christian that it vras on Sunday the tenth of April. 
Afterguards tht; Bishop of Chester invited me to his Chamber, and asked 
me the same Question, which I answered word for word as before 1 
did to Baron Jenner. He further asked when I had my answer. I 
told him on Wednesday the 13^^ of April, and that I would attest it 
upon oath if there wus any doubt or denial of it. 

I'his brought into niv mind what the Vice-Chancellor. D''. Iron>ide, 
told me that in a discourse the King was pleased to have v.ith him, wlien 
he was in Oxford in September, about our College, his INIajesty ag- 
gravated the undulifulness and rudeness of the Fellows in not peti- 
tioning him and representing our case to him before the Election. The 
Vice-Chancellor interposing said that he had heard that we had done it. 
The King answered, 'Ay, after the Election was over.' This seemed 
demonstration that the Karl of Sunderland did not deliver our petition 
in good time, (ard) vshich I concluded fully was the reason why Baron 
Jenner and the Bishop of Chcbter were so inquisitive to know the 
exact time from me. 

The Bishop of l.'hester told me that I had a great enemy in the 
Cabinet Council, calitd just before they came away. I asked him who 
were present, he said, the Lord Chancellor, the Lord President, the 
Lord Privy Seal, the Marquis of Powis, Father Petre, the Earl of 
Casdemain, and I think he said, Bishop Leybourn. He would not teli 
me who th.e Lord was, but left me to guess, as 1 did easily. But he 
said that the King was pleased after all to say that he was fully satisfied 
as to my behaviour. 

In the interval between the Com.missioners going away and their 
return, I was so( n f onvinced that the Fellows were encouraged to per- 
sist in their opposition to the King by several great men at London : — 
that they should be taken care of in case that they were expelled : — 
that they would be looked upon as Confessors for the Protestant Re- 
ligion, and such like plausible arguments, with which they were wrought 
upon. So that it was very easy to foresee that upon their non-submis- 
sion, the Commissioners came with full powers 10 expell them. 

{^Cohhelt. col. 69, 70.) 

225. 

1687, ISTov. The King's Instmctions to the Visitors of 
S*. Mary Magdalen College in Oxford, 

The King having seen an account of the Proceedings of the Visitors 
of S^. Pvlary iMagdalen College in Oxford, his Majesty cannot think that 



1687. 



AND KING JAMES 11. 



183 



the Paper given in on the 25^-^ of October by some of the Fellows, being 
thoir pretcr';':ed 5ubm!?-ion. is sucli as the Visitors ought to have been 
satisfi -d vv';n, n^ivh Ic-s v.-ith that delivered on die 28'-", wherein they 
rather j jsti y tb-dr d'-obcdience and contempt than any way show their 
submi^siof^;. vddch liicy ought to have done by asking his IMajesty's 
Pardon, and by acknowledging the authority of the Visitors, and the 
Justice of their Procei'diiigs. And therefore his IMajesty thinks fit that 
the Visit. )rs at thc-ir rtturu to tlie College do sunnnon all the Fellows of the 
same to appear before them, and do endeavour to make them as sensible 
as they can of their offences from their first challenging the King's 
Ivlanda^e till this time, which the Visitors should let them see to be so 
heinous thai if they had not yet a great consideration for that Foundation, 
they should think themselves obliged immediately to expel them, but 
having a concern for them and being desirous to preserve them, they do 
yet offer that if they will make such a submission as their offences require 
they will pass by their fjimer faults, \\\nc\i submission ought to be in the 
following words : — 

'To the King's most excellent i\Iajesty the humble Petition and Sub- 
mission of the Fellows of S*^. Mary Magdalen College in the University of 
Oxford, wh'>se names are subscribed. 

' iday it please your .ALrje^t)-. We your IMajesty's most humble 
Petitioners having a deep sense of being justly Rdlen under your Majesty's 
displeasure for our disobedience and contempts to your ^Majesty, and, the 
authority of \ov\r M:"'j'^'-Ly's Commissioners and Visitors, we do in all 
humility pr-.>sLi,uj ouihelvcs at your ^klajesty's feet, humbly begging your 
Pardon for our said offences, and promising that we will for the future 
behave ourselves more dutifully, and as a testimony diereof we do 
acknowledge the authority of your Majesty's said Visitors, and the Justice 
of their Proceedings, and we do declare our entire submxibsion to the 
Bishop of Oxford as our President.' 

This Submission his Majesty allows the Visitors to accept of from die 
Fellows as an expiation of all their former disobediences and con- 
tempts, but such as shall refuse to sign the same ought to be immediately 
expelled for their obstmacy. 

His Majesty would also have the Visitors strictly examine into the 
management of the College affairs, and see whether matter may not be 
found sufiicient for a Qid Warraiiio. 

(From Baron Jenner's MS. Nofe Book, partially given in the Impartial 
Relation, 2'^ Ed. — The Fon?i of Submission^ given also by Johnston, 
p. 112.) 

228. 

1687, 1^0 The King's Instructions, eontinaed. 

His IMajesty thinks fit that the Visitors do despatch all they have to 
do at one sitting, and accordingly they are to ask the Fellows, as soon as 
they have opened tlie matter to them, one by one, whether they will sign 
this Submission which is to be immediately offered to those who are 



MAGDALEN COLLEGE 



1687. 



willing, and such as shall refuse to be commanded to withdraw in order 
to tlicir (^xpiiidon. 

The absent Fellows are to be looked upon as guiliy and proceeded 
agains., accordingly. 

(Baron Jenner's LSIS^ Note Book). 
Baron Jenner proceeds ^ Upon which instructions we set out on Monday 
the i4t*^, and laid at Henley that night, and the next day being the 15^'^ 
we got to the College about 2, where we laid that night, and the next 
morning being the 16^^, we went to Court. The B. (Bishop Parker) not 
well' 

227. 

1687, I^ov. lldi. Forn3 of election of new Fellows. 

James R. Right Reverend Father in God, Right Trusty and well 
beloved, and trusty and well beloved, we greet you well : Being informed 
that there are tv.'o Fe'.lowsh^i)- wox \-:icant in S^, ^d^lry Migdalcn College 
by the expulsion of D^". Fairfax, and the death of Thomas Ludford, and 
having received a good character of the Learning and Sobriety of our 
trusty anl well beloved William Joyner and Job Allibonh we have thought 
fit hereby to authorize and require you forthwith to admit the said William 
Joyner'^ and Job Allibon into the Fellowships lately enjoyed by the said 
D^. Fairfax and Thomas Ludford, with all the Rights, Privileges, and 
Profits, Peri lui-iies. Emoluments, and Advantages v.-hatsoever thereunto 
belonging, witliout adminisirating to them any oaths but that of a Fellow : 
any Law, Statute, Custom, or Constitution to tlie contrary notwithstand- 
ing : with all v.'hicli we are pleased to dispense in this behalf, and for so 
doing this shah b: your warrant. Given at our Court at Whitehall the 
ii^^h day of November, 1687. ^he third year of our Reign. 

By his I\Iajesty's Command. Sunderland P. 

(Johnsion.) 

228. 
1687, T^Tov. 

The Lords Commissioners, having in this interval of time comimuni- 
cated thch Proceedings to his Majesty, and, by his appointment, to the 
rest of the Lords Commissioners at WhitehaU; the three Lords Com- 

^ The grandfather of this Job Allibon or x\liibond, was Peter Allibon, a learned 
Divine, Rector of Cheynies, who had three sons, John Allibond ('the witty man of 
Magdalen.' See Jxc^, of Lnsinictors in Grammar, p. 156), Peter A., of Lincoln 
College, and Job, who changed his Religion to that of Rome. This Job was Father 
to Sir Richard Allibon. one of the Justices of the King's Bench, and the intruded 
Fellow, Job Allibon, both members of the Church of Rome. See Wood's Athence. 

Job Ailibon brxame a Student in the English College of Douay 30 Dec. 1652, 
aged 14, where he took the name of John Ford. He afterwards received Orders, and ■» 
lived several years as a Missionary Priest in England, and died soon after 1709. 
He was of an ancient famdy at Waflenton near Banbury in Oxfordshire, w^here his 
grandfather. Peter Allifionfl, was borii. He was somclirne Rector of Cheynies in 
Buckinfuanishire, where he died 6 March, 16^9. Sln^; Dudd's Church History, 
vol, iii. p. -f.^S. 

^ Of Wiiiiam Joyner, see Register of Demies, vol. ii. p. 144. 



10R7. 



AND KING JAMES II. 



missioners Visitors took their journey to Oxford, where upon the 15^^ of 
November t/ic)' arrived. (^Johnston) 

229. 

1087, Nov. 16. Proceedings of the Commissioners. 
{^At nine ocJock in the morni?ig.) 

Proclamation being made, the Statiite-Book and Buttery-Book were 
ordered to be brought in. Then M^. WiUiam Joyner, and ]\R Job 
AlHbon were called, and the IMandacc for their election was ordered to be 
read. This being done the said Joyner and Allibon were ad- 
mitted Fellows of the said College, taking only the oath required by 
their Statute-Book to be taken at the admission of a Fellow, and their 
names were entered into the Buttery-Book. 

Then the Fellows were called in, except those hereafter to be mentioned^ 
and 1)^. Yoiin;::er, who was excused, being in v.Mir'iig upon licr Royal 
Highness the Brincess of Denmark. Scvcril L'. 1 L.hL,\Lc;s \\erc proriuced. 
to excuse ]\K Charles ILiwles, ^l^. Edward -Alaynard, M^. John IJicks> 
Mr Thomas Goodwii), M^. Francis Smith, IM^".' l^obert Holt, and i\B-. 
Robert Tho 'nton. 

The Fellows being thus convened, the Lord Bishop of Chester made 
the following speech : — 

Bishop Cartvvright's Speech. 

Gentlemen, your undutifal and, I might say, your ungrateful behaviour 
towards his iMajesty, for six months last i)ast, your obstinate, froward, and 
unreasonable suiTness to so good and gracious a Prince, was that, which 
brought this present visitation upon you ; which how great a sin it was 
against God, whose vicegerent you have contemned beyond all modera- 
tion and reason, how great a scandal to our religion, how great a stain to 
the liberal and ingenuous education, which this Society would afford you, 
and how very mischievous it v\-ill be to yourselves at 'ast, I endeavoured to 
convince you at the first opening of our Commission. Since which time 
some of you have been so unreasonably inconsiderate and obstinate, as to 
run yet farther upon the score of his Royal Patience and Pardon, for 
which you are now to receive the just and necessary animadversions of 
this Court, that the Honour and Authority of the King may be vindicated, 
and the Peace of Church and State may not be endangered by your im- 
punity, or our connivance at this your petulant humour, and contu- 
macious behaviour. 

No subjects can be wise or safe, but they who are so sincerely 
honest, as to take all fair occasions of doing their Prince acceptable 
services, and executing his will. Reputation abroad and Reverence at 
home are the pillars of safety and sovereignty. These you have en- 
deavoured as much as in you lies to shake, nor can the King hope to be 
well served at home, or observed abroad, if your punishment is not as 
public as your crimes. 

No Society of men in tins or the other University ever had so 
many malcontents and mutineers in it, as this College. Your continual 



MAGDALEN COLLEGE 



1C87. 



clashings and discords, sometimes with your President, at other with }-our 
■M\c.\i,rs- or,rl SO freqiifiitlv ■^.nionrr yourseh-os, ever since his Ipte Majesty's 
hap])y RestoratioiK hn\e been too pubhc to tje concealed. I. have more 
than once heard your late Visitor of pious memory^ bewail tiie great un- 
happiness of this Noble Foundation, in being overstocked with a sort of 
men, ^hom a wantonness of spirii. had made restless and unquiet, who 
would never be satisfied, v\-hose disease was fed by concession, and then 
most violent, when they knew not vrhat they would have. You liave 
been long experienced in ihe methods of qujirreling with your Visitor, 
President, and yourselves, and by these steps you are at last arrived to 
the top and highest degree of insolence, wliicli is to quarrel with your 
Prince, which as it dishonours your Religion, so it proclaims your pride 
and v^vnity, for every disobedient man is proud, and would obey if he did 
not think himself wiser than his governor. You have dealt with his 
Sacred IMajesty, as if he reigned only by courtesy, and you were resolved 
to have a Kirig under you, but none over you, and till God give you 
more sol ('denial ainl huinilitv you will never approve yourselves to be 
good Ciiristians, or good suhjecls, whose patience and petitions are tlie 
only arms they can ever honestly use against their Prince. 

Yon could not be ignorant of the King's being your Supreme Ordinary 
by the Common Law of this Land, of which the Statutes are not intro- 
ductory but declaratory. You have read v.hat Bracton (who was Lord 
Chief Justice of England for twenty years in Plenry the Third's time) 
says de leg. lib. i. c. viii. v. 5. Ntuio cle faclis siiis pra:sumet disqiiirere., 
7nullo minus conlra fac'urn sumii venire. Now his Majesty on tiie S^^^ 
of April sent his Letters Mandatory to you to elect and admit one M^. 
Farmer into your President's Place tlien void by the death of D^. Clarke, 
your late President, whom the 10^^ of April you represented to his 
Majesty as incapable of that character in several respects, and besought 
him, as his IMajesty should think fittest in his Princely wisdom, either to 
leave you to the discharge of your duty and consciences according to his 
late Gracious Declaration, and your Founder's Statutes, or to recommend 
such a Person who might l-e more servieeoble to 1 is^^lajesty and the College. 

This Paper was delivered to my Lord President the tenth of April, and 
on the fifteenth of April, \^ ithout expecting his iMajcsty's answer, as your 
hypocritical Submission would have persuaded all charitable men to 
beli'^ve you did and would expect, in contempt of his former Mandate, 
which had the force of an Inhibition, you proceeded to elect D^. Plough 
for your pretended President. Upon the first notice whereof, on the six- 
teenth of April my Lord President sent a Letter by his Majesty's com- 
mand to the Bishop of Winchester not to admit him. But they, who have 
ill designs in their head, are always in haste, by which you surprized your 
Visitor, which occasioned my Lord President on the twenty-first of April 
to write another to you, to let you know how much the King was surprized 
at your proceedings, and that he expected an account of it. Then were 
you cited before the Ecclesiastical Commissioners at Whitehall, where 
upon mature deliberation and a consultation had with the best Common 
Lawyers and Civilians, \)^. Hough's elecuon was declared void the 
of June, and he aTuoved from the same by their Lordships' Just sentence. 
^ George Morley, Bishop of Winchester 1662-16S4. 



1687. 



AiWD KING JAMES II, 



187 



Of this you were certified by an Instrument under the Seal of the Court, 
of the sauic cla'.e, affixcJ to your College g;:itcs, which being disobeyed, 
you were ouce niorc cited by an Instrument oftfie first, to a])pear before 
th:;ir Lo.d^h'ps on the twenty-ninth of Jul}' to answer your contempts. 
You preiended when }ou caine before their Lordships that you were 
deej)1y alT'-cted with the late sense of his Majesiy's heavy displeasure, and 
bcL'.ged leave to prostrate yourselves at his Ro}'al feet, ottering all real 
te^iimonio- of duty and loyal'}", as men that abhorred all stubborn and 
grouaidless resistance of his Royal Will and Pleasure. So said, and so 
done, had been well, but you were resolved, it seems, to give him nothing 
but good words, and that your practice shoultl confute your profession. 
I wish you had know n in ilme as well as you pretended to do how entirely 
your welfare depended upon the countenance and favour of your Prince ; 
it would then have been as great a grief to you to have disobeyed his 
]\rajesf}-'s commands, as it was a guilt, and will be a punishment, both in 
this lite and. th.u 10 c^me, if not repented of in time. On the fourteenth 
of Au':ni>t hi:^ Ai.'jo-ty -'"•f.Mficd lus will and pleasure to }(>u by his 
Letters IMauilatory, and th-iehy authorized and required you forthwith to 
admit the Bishop of Oxford into the place of President, an.y Statute or 
Statutes, Custom or I'on.siiiution to the contrary notwithstanding, v/here- 
with he \\a^> graciously pleased to dispense, to which he expected your 
ready obedience, but all in vain, for to your shame be it spoken, you had 
done an ill action, and resolved to set your busy wits on work to 
defend it. 

And conscience, the old rebellious topic, must be called in at a dead 
lit't to plead for you. But you are not the first who have mistaken a 
humour or a disease for conscience. Your scruples were not such, but 
that they migh :, without sin, have been sacrificed to your Prince's pleasure 
as a Peace-offering to the Father of your country, to your Mother Church, 
and to the good of this and all other such charitable Seminaries of good 
Learning and Religion, and men as wise asyou perhaps may think yourselves 
will be of opinioti tliat they who ore too tall to stand, and too stubborn to 
bow, deserve to be broken. One would have thou-ht that his Majesty's 
patience after so many and great provocations as these, should have made 
a way to your hearts through your brains, and made you ashamed of 
your obstinacy, and in love with obedience before now. But you have 
deceived his and all good men's expectations still. Insomuch that on 
Sunday the Fourth of September his ^lajesty sent for you to attend him 
at Christ Church, and commanded you to admit the Bishop of Oxford 
your President without any further delay or pretence. You say it was to 
elect him, which sounds like the rest of your sophistry, for you well knovvr 
that admission would have satisfied him, for which you had his written 
jNIandate lying by you, which would have determined that scruple. But 
the truth of it was, you had resolved, as time, the best expositor of men's 
intentions, has discovered, to persist in your obstinacy till you had con- 
vinced him and others that you were none of the Good Cenrurion's 
Servants, for instead of complying with his ^Majesty's pleasure, you went 
back to your Chapel, where you should have learned and paid more 
dcvoiion, and signed a Paper containing a direct and dasobedient refusal. 
Which peevish carnage of yours to your Prince, from one end to the 



MAGDALEN COLLEGE 



1687. 



other, is snch a composilion of folly and frowardness as was little deserved 
i.'^ . J— r rir.p- Tlicre ever went a miraculous Power 
of Copvcrsicn v. uli hi- Royal Presence vs-liercver he came in his whole 
P;og: es~, biit V'cre, lie convinced all such as he discoursed v/iih of die 
justice and equity of his Proccedin^rs. Yourselves excepted, no body of 
men ev^-^r dcp-iried unsati-r' d from him, but that they departed from the 
blessing of cnjoyirig his Ro}'al Presence no longer. And I must confess 
I do not see how it is possilde to do any thing more in point of Honour, 
Conscience, Clemency, Justice and Ro\al I'enderness, for the preserva- 
tion of this Society and every member of it, than what his Sacred -Majesty 
hatli already done in spite of your disobedience and conmmacy, and yet 
he was, and is still, resolved to continue his Princely Piety and goodness 
to all those who shall no longer pretend to make it a sin against conscience 
to return to their obedience to him and to those wh-ora he has set in 
lawful authority over them, of which I ga^'e you a full account at ihe first 
opening of our Connnis^ion (^n Friday, die twenty-first of October, in your 
College Ihil!. a- yc^u in.iy v.dl remember. 

On Satnrda}-, tlie twenty-sc ond of October, v.-e required you to admit 
and install my Lord of Oxford according to the King's Mandate to you 
before dire^te'l, which A\ but three of you refused again to do, and gave 
your [)reteiided r-,.-. >jn-; t~or it in the morning; and in the afternoon D^. 
Plough, though before expelled, came in without leave, but not vdthout 
attendance and followers unbecoming his circumstances, and appealed 
from v. hat we had done, or should do, as illegal, unjust, and null (by 
word of m.;)Uih, and r,ot in writing, nor with the decent salvos of all other 
appeals), which \\as a[)plauded by a loud tumultuous and insolent Plum, 
to affect tlie Populacy to the espousing of your cause, for which open 
treacii of the Pt a':e I^^. Hough was bound over to the King's Bench, and 
if most of you had not been better pleased widi that insolent behaviour 
than became you, and indeed accessaries to it, if not actors in it, you 
might and would have discovered the turbulent persons who had been 
gi'ilty of it. 

On Tuesday, the twenty-fifth of October, we ourselves caused the 
Bishop to be installed by his Proxy, and we then asked you whether you 
would submit to the Bishop as your President, now installed by the 
King'^ Mandate, in liciiis et honcsiisl To Vvhich all that were present, 
except D". Fairfax, gave in an answer in scn'plis in the affirmative, and 
requested us to represent you as dutiful to his jMajesty in the highest 
degree, but from this good resolution you quickly fell, for on Friday the 
twenty-eighth of October, when we advised you to make a humble Sub- 
mission to his I\Lijesty according to the nature of the offence, it had so ill 
an effect upon you, that after an hour's consideration or more, you 
brought us down a Paper signed by all but two or three of the Fallows 
then present, wdiich seemed to us to be rather a Protestation against your 
former submission than a Begging of the King's Pardon for your past 
offences : and that you mught clear yourselves at least from any the least 
suspicion of that which looked like repentance or obedience, you desired 
to withdraw or expound your Submission, which you made in writing the 
Tuesday I'.efore, and to limit the word Subrnissicn ro the King's Authority, 
telling us plainly that you did not, and could not, submit to the Bishop of 



1637. 



AND KING JAMES II. 



Oxford as your lawful President. With the insolent jiisiification of your 
continued disobedience we were dtO()ly adecLed and astonished, and 
though v. e ini[;hi then justly have expelled you, yet we forebore, and went 
back to London to aoqu lint his Majesty with your carriage, who resented 
it according to your demerits. He. who is too proud to ask God and the 
King pardon deserves neither. I am sure the best of us need both. I 
wish it had been in our power to have persuaded you then, so to have 
moderated yourselves as to have sacrificed the most disingenuous arts of 
cnntt:ntion to the safety and honour of the Christian Religion, and not to 
}M\e pursued your little scruples, and great animosities, to the evident 
hi/..\rd -J l. a^t of bringing a scandal on it. 

1 hope that I have said enough to convince you that the Fig-leaves, 
Vvhtch you have stitched so artificially together, will not cover your 
nakedness. You pretend conscience of your Oaths, among which that of 
Allegiance and Supremacy ought not to have been forgotten. But Partiality 
in Duty is a great symptom of hypocrisy. You dispense with your own 
oaths yourseh-es, and make too bol 1 with some parts of your Founder's 
h'tatut in whicli I have instanced, and could do in more, as in that 
w'^'fein you are bound to be served solum per 7nascuIos,ioT want of which 
v,o found sonie scandals to have been brought u{)on the College by 
bastard children ; and will you not suffer the King, who alone hath 
power to do it, to give you a Dispensation in others Can he, who is so 
lender of his Honour, put up with such indignities as these ? And can 
we who arc entiusted with the vindication of it, suffer this to go un- 
punished ? 1 wish that you had half so much kindness and charity for 
yourselves, and so great a consideration of the happiness of this Founda- 
tion, as his ]\h^jcsty and the Commissioners have already expressed in 
their dealings va'di it. I'he Justice and Equity whereof, if you do not, all 
good men will proclaim. 1 need not remind you of putting in some 
papers under your hands, which would have been aggravations of the 
former contempts, which upon better thoughts you desired, and we gave 
you I ave, to withdraw. What other men, who are led by populacy, which 
is the Fool's Paradise, but the wise man's scorn, say of us while we are 
doing our duty to God and the King, we value no more than what they 
dream of us, for we set a greater estimate upon our duty than other men's 
thoughts, and will discharge our consciences faithfully, whatsoever 
becomes of our credit. We can allow those who are disaffected to the 
Jrown and to the Church of England to talk of us at their own rate. We 
shall vindicate the King's authority, and redeem it from contempt by all 
just and lawful means. But yet, gentlemen, the great concern we have 
for you, and our earnest design to rescue you out of danger, if you are 
not sturdily resolved to cast away yourselves, obliges us to ofter you once 
for all. that if you will freely and presently make such submission to his 
Sacred IMajesty, as the heinousness of your offences does in our judgement 
require, we will pass by your faults, and recommicnd you heartily to God's 
and the King's mercy, and accordingly we require the Deputy-Register to 
read the Form of such a submission to you, as the Court upon mature 
delil)eration hath jii l .^ed nr-cessary for them to expect and require in point 
of Justice as aii expiation for all the iormer disobedience and contempts 
of which they have found you guilty, which they that are willing and well 



190 ■ MAGDALEN COLLEGE 1687. 

resolved may immediately si;i':n, and the rest of you are cornm.anded to 
Nvithdravv, except D*'. ThonuiS Srnrdi and M". Clianiock. with vdiose good 
bihavicur townrds hi's Sacred Majesty, in the concern before mentioned, 
\ve declare ori'->^clve.-. to be well satisfied, and doubt not but that his 
Majesty will be so too, when we shall have further occasion to represent 

It to .ira. \J^nd of Bishop Cartwright s Speech?^ 

After the Bishop's Speech all were ordered to withdraw, except the 
Fellows, and the Form of Submission, as Driven above, was ordered to be 
read to them. The Bishop then told ihem diat their Subscribing: the 
same was d\e only means that could recommend them to his IMajesty's 
favour. But all the Fellows, to whom the said Sul;mission was proposed, 
being severally asked the Question, peremptorily refused to subscribe. 
Mr Thompson desired to be excused from subscribing, for that he had 
given his voice for ?>I^, Farmer, and had not concurred with the Society 
in any thing ihcy had done since in this business, and declared that he 
had never livren di.-L>bedient, nor ever would bo, wlicreupon their Lord- 
ships excused him. 

D>^. Aldworth desired in the name of himself and the Fellows time to 
consider of the Submission, and give their answer in writing, to whom the 
Bishop of Chester said, they must every one sign or refuse as. they were 
called : and Baron Jenner said, there was no answer to be given but Yea 
or No. They all moved again for time, but it v.'as denied : then T)^. 
Aldworth sai ' IMy Lo-ds, this is my tlrst appearance before your Lord- 
ships since }uur situn>; here, therefore I pray to be heard.' 

'I\Iy Lords, I am as ready to comply with the King's pleasure as any 
man livin*;, neither do I knovv' that we have ever in this place been dis- 
obed.ent to the King, whenever it was in our power to obey his com- 
mands. Our Founder, in the first clause of the Oath we take at the 
election, hath provided that no one shall be President of this College, but 
who was bred in this, or in the College wherein he himself was bred. 
Now for us, v/ho have elected D'". Hough, a Person qualified according to 
our Statutes, who hath been installed, sworn, confirmed and approved of 
ill all the ways and manners prescribed in the Statutes : for us,, m^y 
Lord, to accept and admit a Stranger and a Foreigner in his place, is to 
the best of my understanding a giving up the Rights of the College to 
other uses than the Founder designed it.' 

Here Dr. Aldworth was interrupted by the Bishop of Chester saying, 
the Statutes were over-ruled by the King's Authority, or words to that 
effect. To which the Doctor answered, 'Your Lordships sit here as 
Visitors, which implies that there are certain laws and Statutes, wdiich we 
are bound to observe, and by wdiich we are to be governed, and if 
it shall appear to your Lordships that we have acted conformably to 
those Statutes, I hope that w^e shall neither incur the King's displeasure 
nor your Lordships'. The whole Tenor of our Statutes run, that we 
should inviolably maintain our right, and observe the rules of our Founder. 
He has laid his curse upon us if we vary from them.' Here he repeated 
the words, Ordinamus sub pcena Anathcmatis et Indignatlonis Omnipo- 
tentis Dei ne quis etc. Lem sub inteiminatione Divini ludlcis Inter- 
dicimus. 



3 087. 



AND KING JAMES II. 



191 



To which the Bishop of Chester replied, Are yon not to obey the King 
u.-> UD _vOui ioanvlci'ij Sl..iUuc.s ? I'o this the Vice-President answered, 
i ever did obey the King-, and ever will do. Onr Statutes which we are 
:-:v,-orr; to ci'-e corfirme'.! b) several Kings and Queens before and since 
the Reforniation, and as we keep them are agreeable to the King's Laws, 
both ecclesiasfical and civil, and whilst we kt-ep up lo them we obey the 
King. The Bishop of Chester replied, The Statutes were never confirmed 
by his present ?vjajesty. To which D'". John Smith said, Neither have 
they been repealed by his Majesty, and what is not repealed is confirmed. 
After this, their Lordships pres-ing either to sign or refuse, D^. Aldv.-orth 
said, My Lord-, 7 will (^;a} plamly in regard to my oath and the Statutes, 
to the Right of all our successors, and of Hough, whom I believe to 
be as fairly elected and as legally i)ossessed as ever any since the Founda- 
tion of the College. I cannot submit to the Bishop of Oxford as Presi- 
dent. So he ^^•as ordered to withdraw. 

After this the same Question was put to all the Ft-Ilows si'igly, v/ho all 
refused to >;ign the Submission except !>. Ti/'i".- S: iitti ;ind IsV. 
Charnock, who were not pressed, having, as their I>ord^hips said, behaved 
themselves dutifully towards the King. IM^. Thompson desired to be 
excused froTii subscribing, for that he had given his vote for IM^. Farmer, 
and liad not concurred with the Society in any Uiing they had done since 
in this business, and declared that he had never been disobedient, nor 
ever would be. Then their Lordships produced a Petition sent to the 

irl of SuT^.!crla'■ld upon the Report of the King's .Mandate for 
Farmer, winch he had' igned, and therefore pressed iurtlier his sul)scribing 
to the Petition. Th's he owned, but said it was before the King's 
INIandiVu: was j)roduced, but after it was shown at the election he voted 
for Nv^. Farn-*er iu obL-dience to the King's Command, and promised to 
obey the Bishop of Oxford, whereupon their Lordships excused him. 

Then the Lords called for the Buttery-Book, and cau-ed all the names 
of those Fellows who refused to subscribe to be struck out, and the 
Fellows so struck out being called in, the sentence of expulsion was read to 
them. {Jolmston.) 

230. 

1687, 16 ITov. Koiigh notes by D^". Hedges, written down 
as the proceedings recorded were taking place. 

16 Nov. 67, [1687]. L)^ Farfax's sentence of expulsion was fixed-on 
}•« gates at 8 of clock. 
Wednes. m. 9. Proclam. 
Ch. When Stat. P[roclam.] 
What M'-. Cudfbrds Xtian nam. 

A'. I'homas. , ^ . ■ " " 

Call for ye buttery booke, 
brought in. 

M^. Wm. Joyner & M^. Job Allibon called, 
they appear. 

y- King's mandate read for them to be admitted in 2 places void, 
dispencing y\ ith all Oaths but y* of a fellow. 

they read ye oathe of a fellow togather, & while reading 



192 



MAGDALEN COLLEGE 



16S7. 



Will. Jo}Tier's name called in y" book, in Dr. Fairfax liis place. 

r-.I- . Jul; XwAiKA. in -y placc of ^I^. Cud ford at lower end 

of P'ellows narns. 

hp. Ch. by ^'irtue of y^ King's Audiority we admit you fellows of this 
Coll. Jovner into !>. Fairfax, JM^. Aliibon into JM^. Cudford's places. 

ye Fellows called 

D^. Ch. Aldworth, ap[pcared]. 

D^. Alex. Pudsey, ap. 

D^. Jo. Younger, excused. 

D^. Tho. Smith, ap. 

Dr. Jo, Smith, ap. 

Dr. Tho. Bayly, ap. 

Dr. Tho. Stafford, ap. 

JM^ Ch. Hawly. 

Mr. Robert Almond, ap. 

IMr. Manw. Hammond, ap. 

Mr. Jo. Ku- jrs. ap. 

Mr. R. Strickland, ap. 

M". Edward j\ia}nard, sick. 

A c< rti^^icate ].rodaced by Mr. Dobson, sworn, knows not y© hands y^ 
certif3'e, can depose nothing farther but y't halh a letter from Mr. May- 
nard, & knows his hand. 

Mr. Hen. Dobson, ap. 

Mr. Ja. \vly. ap. 

Mr. Jo. I'avis, ap. 

Mr Fra. Baghlaw, ap. 

Mr. Jo. Flicks, ^ick; 

A certificate produced by Mr. Harwar from severall persons, but knows 
not ye hands. 

VJ. Jasp. Thomson, ap. 

Mr. James Fairer, ap. . 
Mr. Jos. Harwar, ap. 

Mr. Tho. Bohmant, ap. v .; 

Mr. George Hunt, ap. 

Mr. Wm. Cradock, ap. 

Mr. Jo. Gillman, ap. 

Mr. Geo. FuUam, ap, 

INIr. Ch. Peniston, ap. 

Mr. Tho. Goodwyn, sick. 

A certificate from Dr. Tarer. [?] 

Mr. Robert Hide, ap. 

Mr. Edw^. Yerbury, ap. 

Mr. Fra. Smith, travelling. , 

Mr. Robert FToit, abs. 

]\Ir Robert Tiiornton, abs. 

Mr. Hen. Holden, ap. 

Mr. Robert Chadnock, ap. 

IMr. Stephen Wilke 

ye lunatic k person halh his ailov,'ance. 
Mr. Hooper. 



1CS7. 



AND KING JAMES 11. 



y« bp's speach. 

C is & ar obstlnat stiiTvies 

6. rnonihs past brought visit. a sin. contemned his 

a slain to ingcn. education cndeav to con 

at yt opening Comission. so 

obr.tinat to run on score his Ma^i'^ clem none 

safe but such as willing to do him service reputation, 

bracton. lib. i. de legibus & accordingly 

require y^ Registrar to read a form of their submission, 
w'iihdraw all but \^ fellows, 
y^ submission &: petition read. 

]>. Aldworth ye first time appeared will obey lo, power never did 
otherwise, they y* have done according [to] y© tenor of y^ Statutes vnder 
y© penally of Anatlicma. 

of ys proceedings. 

y® Statutes corihrnied by severall Kings, 
not confirn:ed by this King, or hi-^ brother, 
y^ Judgement above. 
In regard to any oath. 

y" rights to others & D^. Hough, cannot submit to y® Bp. of Oxon. 
D^. Aldworth withdraws. 

Di". Pudsey. would sign so as to admit, but not y® paper. 

IX Jo. Smith, cannot sign. 

T)^ Bayly, similiter. 

I)''. Stafiord, similiter 

Mr. Ilav.ly, absent. 

Ml'. Robert Almond, cannot sign. 

M"". Hammond, similiter. 

M**. Jo. Rogers, similiter. 

Mr. Rog. Strickland, similiter. 

Vj. Hen. Dobson, similiter. 

IM^'. James Bayly, cannot obey y® bishop as president. 
Vj. Jo. Davis, cannot subscribe. 

IMr. Thomson, cannot own himself disobedient to y^ King nor ever 
will be. 

Mr. Fay-er cannot subscribe, owns no president but D^. Hough. 
M^ Flunt. 
M"-. Cradock. 

Mr. Oilman, cannot subscribe. 

Mr FuUham, similiter. 

Mr. Peniston, similiter. 

Mr. Goodwyii, sick. 

Mr. Holden, cannot subscribe. 

Mr \^'ilks, cannot subscribe. 

Mr. Tho. Holt, answers y* he cannot nor will obey y® bp. of Oxon. he 
gave in ye paper for y© demies, but did not intend by yt to submit to y« 
Bp. of Oxon. 

wherei'pon they were ordered to with^irav,^ 

'i he ielh >ws & all ys memlv.rs of y® house called in. ye Court con- 
S;dv.red Oi liieMr] condition & order fcntenrc lo IjC read. 

u 



194 



MAGDALEN COLLEGE 



1687. 



Whereas it appeared vnto us in oar visitation of said Colledge, 

■\T-".l .1..,.,,,. 

SoT.e of rcturn'd & 

Tdr. Yerlur}- re;-d a paper as followeth, 

May it pleas y^' lord^h:p, 1 do profess all duty to his IMa^y, «fe respect 
to y^ Lordship, but beg leave to declare I think myself injured in yr 
Ldships proceedings & therfore protest against them, & vill use all just 
& legal'. v,ayes of being reliev'd, sign'd with his name, severall did y® 
same, & all desir'd y^ like to be entered. 
Call in 
Mr ^A\alter Welch. 
i\rr. Robert Hill. 
. Goring, absent, 
M-f. Sam. Jenefar. 

Beniamin r>Iander, subm.its to y^ King & bp. of Oxon but desires 
to keep his place. 
[Mr.l Tho. Han-on. 
Mr. Tho. Higgihs. 
Mr Middleton. 
Farfjx. 

T^Ir. Tho. Hanson desires to defer till afternoon, his father in town 

told [to] withdraw or to(!') , then said thought I cannot submit. 

I\Ir. Tenncfar ) . 

- ■ y sworn tellows. 

their names enter d. 

?,!=';|'^>,,^^'^>'>" I admitted demies. 
W alter W ek.h J 

ye rest appear'd not, 

broke up without adiournment. 



ye Address. 

To ye King's most excellent INIajesty. 

The humble petition & submission of y© Fellows of St. Mar. Magd. 
Coll. in ye \'niversity of Oxon, whose names are subscribed. 

]May it pleas y^ Ma^y we yr Ma^>''^ most humble petitioners having a 
deep sense of being justly fallen under y^ Mary's displeasure for our dis- 
obedience & contempt to yr jMa^y, & to y^ Audiority of y^ Ma^y'^ Commis- 
sioners Sc Visitors, we do in all humility prostrate our selfs at yr IMa^y'^ 
feet, humbly begging yr pardon for our said offences & promising y* we 
will for ye future behave our selfs more dutifully, & as a testimony thereof 
we do acknowledge ye Authority of y^ Ma^y'^ said Visitors & ye justice of 
their proceedings, & we do declare our entire submission to ye L^. B?. of 
Oxon as our president. 

Tuesday 8. 

Proclam. ye names of ye Fellows & chaplains called, 
some absent as before. 

D^. StaHbrd gave in a paper. ■ . 

will you set hand ? 



1687. AND KING JAMES 11. 195 

Sf. all present will sign it. 

Vi^. \\'it,keijs called in. 

I'he fcl]o^^ > called ii;. 

1")^. Stafford desir'd to withdraw his paper. 

Bp. not yet. 

y" proxy read & desired to admit him in stall in y*^ Chappell^ so 
went thither. 

Pudsy refused. 

D^'. Smiih, INIy L^l with all submission to y© King's authority & theirs. 
Not in hii- power, tliey may do it. only obliged to obey in Ileitis & 
honestis, 

not without a rule out of Chancery or King's Bench to save harmeles. 

in y6 chappell sd. Bp ch. G. S^. T. Jen., ]Mr. Lee, Installed. Mr. 
Wickens for y^ Bp. of Oxon, y© president's oath read, and y® oath of 
Allegia^ice & Supremacy. 

adjorn'd to y*-' president's lodging, y^' door shut. 

adjorn to y® Common room, orderd y*^ door to be forc'd open. 

Dr. Fairfax gave in a paper, which to effect as y^ before & denying y® 
foresaid. 

1>. Fairfax asked if [he] would submit to y® Bp. of Oxon as president. 

JR\esp\»id\^\ I will not nor can. 
ly. Pudsy, he could not. 

D\ S?mfh, will obey }^ person in licitis, y* y® King hath put over them. 

They desire to y^ afternoon. 

allovred. 

Bp. how many fellows. 

Fell. 38, Dr. Hough & Mr. Cudeford void. 

ye buttery book brought in. 

Tho. Ld. Bp. of Oxon president entered. 

one demy void. 

y® chaplains called. 

is ye Stat, in a publick place ? 

A. it is read 3 time", in )© year. 

have you any gift ? what allowance given ? 

how applyed ? 

ye King's Inhibition to y« Colledge dated 18, July [i6]87. 
read, 

who chosen demy or fellow since y^ inhibition ? 

A. Admitted Holden whose probationers q. & he ex« 

pelled by Statute, if not admitted. 
I'he Registrar's books asked for. 
a smith run away. 

Dr. Stafford desired his paper again, &: so delivered, 
they have time to answer y® first q. till 9 of clock. 

D" Fairfax called in, his paper read, desired to explain, 
do you own y® power of visiting ? 

02 



196 MAGDALEN COLLEGE 16S7. 

Ans. under correclion, 1 do not. 

No, n(> Icijall pre?: Icnl, we have one. 

Y biiiler cai'-d wiih bo[ok]. 

hatli Dr. Fairfax baltled as fellow ? • 

A. he hath battled. 

J-® Cook called. 

hath lie had commons? 

Dan. Yates sworne, says he had commons charged to y^ house. 

3. cl. rroclam. 

y- aljsent fellows c;illed. 

Dr. Aldworth called, absent. 

can [be] absent but 2 mo[nths] without leave of y® president, 6 seniors 
& officers. 

D^ Jo, Smith, ap[peared] not, sick in y^ country, 9 miles of. 

Henry f Jollyo:^.kc, sworn, he cannot depose y^to, it would be to the 
prejudice ofhi'ikh e^-^miii'; hiihor. 

Rich. Strickland, hath a jarsonage in y© country, 18 miles of, went 
thither about a fortnight ago. 

M^. K i\v. ]^.Iay:.ard, chapl. to y^ Id. Digby, 60 miles of, with leave. 

IM^. Thomson in \^ King's service. 

Vj. Fayrier, his father dead a fortnight sine, 30 miles of. 

VJ. ITarwar, present. 

Viy. P\i!h:.m. present, came 40 miles. 

Robert Micie, absent. 
IM^. Edw. Yerbury absent with leave a fortnight, his father sick. In 
Warwickshire, with leave. 

Mr. Robert Thornton — absent [with] leave. 

1^1^^. Fra. Smith, beyond sea 3 or 4 y[ears], travelling [with] leave. 

Dr. Farfaix. 

Dr. Pudsey. 

Dr. Smith. 

Dr. Bavlv. 

Dr. Stafford. 

Mr. Flawley. 

wiihdra,". 

ye fellows called in. 

Dr. Farfax stands to his paper, all y® rest submit so far as lawfuil &c. 
To y^ Chaplains. 

Do you submit in Ileitis & honestis ? 

Submit so far as agreeable to law & statutes of y© College. 
The Demies. 
Similiter. 
The Steward, 

Submits in licids & honestis. 
Mr. Collins ) , 
Mr Wright/ 

y« Colledge servants similiter, 
only Robert Gardener submits not. 



1687. AND KING JAMES !L 197 

. . . says must submit, 
form. subtTiis. 

Wberas his i\b.]estv- Lns been pleased by his Royall Authority to cause 
ye Rt. R'l Father in God Sarn, Ld. Bp. of Oxon. to be installed President 
of this Coll., v/e Mhcse names are hereunto subscribed do submit as far 
as it [is] lawfull & agreeable to y" Statutes of y« sd. Coll. 

D^". Fairfax's sentence. 

he k all y^ rest called in. 

Whereas you have per contrnrily rcfus'd. 

D^. Fairfiix gave in a paper of appeale. 

y® under porter called in. 
y® appeale overruled, 
ye porter said no. 

his place vacated{?) to depart y^ Coll. in 3 days, 

Friday morning 7 . . 8. 
Proclam. 
Withdrav/. 
Pudsy. 

FX Smith, was for not going to election so needs not address. 
1)^. ]3a}-ly. 
D^. Statibrd. 
Mr. Hollis. 

Hou;^,h's [ilace not void will about Xmas. 
Mr. Cudlords place void 
y® rest of fellows called in. 
B. said you have professed loyally. 
A. they have addressed. 

Whether can admit an absent person. 
Dr. H. supposes cannot, y* never done. 
Withdraw. 

9 of. clock. 

yG fellows come in & deliver a paper. 

they submit to ye King's Authority but do not intend it should be 
understood so as to submit. 

Geor. Fulham, a very ill man is disob. to y® King's Order of obeying, 
wt done agreable to oaths & under cannot confess a crime 

or fault where is none, y<^ did obey to y^ utmost of his power, & yt ye 
lords having accepted of y® submission delivered in on tuesday, I humb[ljy 
conceive yt yr Idships honour is engaged, yt nothing farther should be 
required of him. 

Dr. Pudsy refers to y® paper of submission. 

Dr. Bayly, when he said submit, y^ word submit was to be under- 
stood with reference to y® King's Authority which is before mentiond,.y^ 



MAGDALEN COLLEGE 



1687. 



he did not intend it as a submit to Bp. as lawfuli prcsi'.ient, & \^ 
lathsr bccauf c it \v?s said l>y Court y© }]p. is president by possession 
A; not by right. 

ask'd if [he] would obey in licitis & honestis.'' 

A. y''^ he cannot. 

Dr. S'a fiord refers to his paper. 

!Mr. Ahnond, he cannot. 

Vj. Roge[r]s, says as D^. Bayly. 

JNI"^. Dobson, cannot submit. 
James Bayly, as D^. Ba)-ly. 

]\Ir. Jo. Davis. 

IM''. Hammondj cannot submit to him. 

]Mr. Bjgshaw, cannot suljmit to him as president. 

Jos. } larwar, similiter. 

Geo. Hunt, similiter. 

]^1^. B.iteman(.?), similiter. 

AV^. Cradock, desire to be excused all obedience, till Dr. Hough hath 
tryed liis right, he cannot, k says as Dr. Bayly. 
]\Ir. Gillman, cannot obey as president. 

Oilman, cannot obey him. 
Hen. Holden, similiter, as D^. Bayly. 

IMr. Fullham says y't not com})ly, put in but by violence, should have 
been by ye po>se comitatus of(?) Oxf. 

Hen. ITolden, y® same opinion as D^. Ba}"ly. 

Weelks, ye similiter. 
]Mr. Peniston, refers to his answer on tuesday. 

Mr. Fulham, v heras you have contemnd y° authority of this court in 
giving opprobrious language we do therefore suspend you during y® 
King's pleasure & whereas severall of y^ fellows absent, who in con- 
tempt, we are unwilling to proceed against, we order y<^ notice be given 
to all & each of them to repair to y® Colledge, & give their appear- 
ance here on Wednesday i8 of November next at 9 of y® clock in y® 
morning. 

Dr. Smith, desires Mr. Fullam may retract. 
Saterday. 

ye Lords met in y® Common room, ye fellows being present, ordered to 
withdraw. 

ye Steward sent for to bring y® books of leases, &c. two books 
brought in. 

ye Butler sent for, orderd to bring yo buttery book. 

ye Steward orderd to bring in ye other books, & ye book where 
T)^. Fairfax made tenant in Berkshire. 

Mr. Wickins desir'd to come in, order'd y^ he come in, deliverd a 
proxy from y® Bp. of Oxon. 

he orderd to withdraw & attend in ye cloysters. 

y-e buttery book brought in. 

ye book concerning Dr. Fairfax brought in by ye Steward. 

Steward to vvithdraw. 

Dr. Hough called, came in. 

Bp, Ch. Said yesterday ye sentence read, will you submit? 



1687. 



AND KING JAMES If. 



199 



If. //. Not till heard, not yet heard, desires to be represented as a 
person standin.G^ on his just rights, but with full submission to his iMa^y. 
his Maty j^Qf informed, their petitions not come to hand. As to 
Decree of y^^ lords about nullity from be^2;inninn: to y^ end, as to 
relates to him, never having been cited, nor haviiig c\er appeared before 
them in person or by proxy, besides his cause it self never before them, 
their h^.^hips never tnquiring or asking one q[ucsLion] concerning y^ 
legality «fc statutableness of )® election, for vhich reason I am in- 
formed, y^ } t degree was of no vahdiiy against him according to methods 
of ye civill law; but if it h id, I am jjossessed of a free hold according to 
y® lawes of England Sc \^ Statutes of Society, having been elected as 
unanimously, & with as much formality as any of his predecessors, 
presidents of y^ Colledge, & afterwai ds admitted by ye Bp. of Winton, 
y« Visitor, as ye Statutes of ye Coll. requir'd. Therefore I cannot submit 
to sentence, because I think I cannot be deprived of my free hold, but 
by course of law in Westminster hall, or by being some waj- incapacitated 
by ye founder's statutes. 

Bp. 0/ Ch. an ingenuous man deserves incoraging but not in contemn- 
ing, he had notice as being a fellow. 

D''. //. not concern. hims[eif?]. 

Bp. what to struggle with a prince, so man leg(.''). AA'estminster Hall 
open, you take upon } 0U to judge. 

v. H, so long as it appears unfit, not tyed up, if fit. tyed up. If had 
stayed had done well, obliged by oath to stay, no privilcdge but by ye 
King's favour, they cannot deny the King's power. 

ye Statutes give power &c. & to live under y^ rule y© King's power not 
excepted. Corp. Christ. Coll. y® power of ye Pope & prince included, 
but not in theirs. 

If an oath takeri to observe Statutes, lawfull in themselves, no power ■ 
can dispence with ye oath. 

. H. at his IMa^y'^ feet must submit but not to do any thing contrary 
to conscience, yr Lordships knew not. ye sentence above we begin at 
ye sentence ingeniously modesdy said, called as f-llow. 

//. then no reasion to appear. 

Coveny turn'd out for not taking y© oaths, appeal'd to y® Queen & 
Comis, to two Judges but ye Judges said could not visit, as to delivering 
ye Keys & Register ye president a Key, vicepresident, 3 deans, 3 Bursars. 

Bp. Ch. will you deliver up according to ye Statute, yes certainly if 
so Mr. Hough desires it they own his title first, for cannot deliver up it 
never in. If under a judgement must submit, till he repeals. 

adjourn'd till 2 Clock. 

ye election undue. ; 

//. pray see ye Statute, 

Dr. Hadden read, but they answer it. 

Bp. More came in by mandate as Oliver, he had a mandat but not 
preserved, idem est non esse & non apparere. 

Bp. Will you deliver up ye Keys to ye president recom<i by King ? 

/)'■.//. there can be no president so as he lives & obeys ys 

Statutes of ye Coll. & therefore do not think reasonable to give up right, 
ye keys & lodgings, I am not to deliver up ye Keys the' to y® Bp. of 



200 



MAGDALEN COLLEGE 



1687. 



Winton. they never to deliver ye Keys to him when visited, Sz no greater 
.power than his, lie hath King's authority, y^ Bp. y*^ ordinary visitor, 

King ye extraordinary, as he supposes, but often controverted whether 
ye King visit a private Coll. or not, y^ Authoriiy made by delivering y® 
statute booke & keys, they an essential badge of his office, so short time 
that no time to advise, prays no advantage taken through his ignorance 
in ye lang. prays their candor in exposition of w^ said. Sweare in y® 
presence of God y* not privy to y® election y*^ day before, nor would not 
be thought a person y* would oppose y« king, he came over but directly 
or indirectly made no interest so fiir as to judge how address as to 
persons of honour & gentlemen & do beseech to represent him as 
dutiful] to his INIa^y to y^ last degree, as I alUvay will be so far as consciern e 
permits to y^ last moment of his life, & vhen dispossessed here hope 
their Ldships will intercede y* he may no longer lye under his IMa^^y's 
displeasure, or be frown'd on by his prince, which is y® greatest affliction 

can befall him. 

Bp admoni>hes or rather would request. 

If ye King commanded to give up so as to own a right would go as 
far as any one. 
/en. No matter of conscience to give up a right. 

Admonish'd to depart peacably from ye presidents lodgings, & to act 
no more as ye president or pretended president of this CoUedge. 

He accuseth y® contumacy & in pxmam to decree Judgement. 

ye Lords commissioners have pronounc'd ye place to be void, Sc there- 
fore, by virtue of ye King's authoriiy to us committed, do order you to 
depart ye Colledge quiatly & to make no longer pretensions to ye office 
& admoni^h all ye Fellows not any longer to own him as president, y® 
mandat for y® Bp. read, withdraw. 

Dr. Fairfax called in. 

D^. gave a paper, said farther, yt summon'd at Whitehall, gave answers 
there, will give no other now. 

Dr. Pudsy asked if [he] would submit to y" mrmdate. ^ ' ' . 
he will stand by while installed. 

D^. Smith makes no opposition, he doth because he must submit to y® 
admitting y© Bp. 

D^. Tho. Bayly, cannot admit, for conscience. 

D^. Stafford, not in power while Dr. Hough in possession. 

IVIr. Holies, wholly passive, submits to ye Court. 

]\R Robert Almond, ready to obey so far forth as [he] can, will not 
submit. 

M^. Hammond, not qualified by Statute, cannot submit. 
M^^. Rogers, Hough hath recourse to other courts, & till y* time cannot 
do it to ye preiudice of him. 
Mr. Ric. Strickland, absent. 
Mr. INIaynard, absent. 
Mr. Dobson, cannot admit without periury. 

Mr Ja. Bayly, cannot possibly be present, because an oath, v/hich no 
power can absolve. 

Mr Jo. Davis, will not be present. 

Mr. Bagshaw, unstatutable, y® president in possession. _ 



1637. 



AND KING JAMES 11, 



201 



Mr Hicksj absent. 

Mr }3ateTnai-i. 

Mr. Thomson, abs. 

Mr. Ilarwar, cannot admit without peiiury, had y® King's seal to take 
y6 oatii. 

]\lr. luitcman, in this ca<:e limited by Statute in conscience. 

INlr Jiunt, Bp. uncapable, not without violation to his conscience. 

Mr. Crau'ock, gives hii ansvv-er in wriiin^:. 

Mr. Gihnan, y^ statutes his rule y^ Bp. unqualifyed, cannot admit. 
Mr. Peniston, cannot as he conceives without violation of his oath. 
IMr. Goodvvin, absent. 
i\Ir. Hide, absent. • 
Mr. Verbury, absent. 
]\lr Sniiih, absent, 

Mr. rioldcn, uncapable by Statute, not go against oath. 
Chaint K.]:, ready to obc-y }0 mandate, assist at y® installment. 

W'eolks, Dr. Hough legall president Sc not admit without guilt of 
deliberate periury. 

Dr. Pudsy called in, Q[uery] y© manner of admitting. 

Dr. Aldworth. 

Dr. H. Farfaix. 

Dr. Al. Pudsy, apfpeared]. 

Dr. Youn.ger, ab>[ent]. 

Dr. Jo. Sniitli, abs. not well. 

Dr. I'ho. Smidi, ap. 

Dr. Tho. Bayly, ap. 

Dr. Tho. Stafiord, out of town. 

]\lr. Ch. Hollis, a. 

IMr. Robt. Almond. 

Mr. Rich. Strickland, out of town. 

]\rr. Edw. Maynard, out of town. 

Mr. Hen. Dobson, app. 

Mr. ja. Bayly. 

Mr. jo. Davis, ap. 

i\rr. Jo. 

2 Cl[ock]. called all y® rest of y® members. 

Then called y© butler, order d y® Butler to bring y® buttery book. 
Dr. Fairfax call'd, his contempt, accused, pain reserved till to-morrow 
morning. 

Dr. Stafford appeared 

Dr. Hough enter declar[ation] in name of self & fellows & greatest 
part of ye Society to submit to y® visitation so far as consistent with y® 
laws otT ye land & their statutes, but no farther. 

D". Aldworth, out of town half a y[ear], 

Df. Smith, out of town a month. 

iVlr. Hicks very long absent with y® colledge leave. 

Mr. Taylor's father d[eajd. 

y© president's Statute booke brought in. 

]\Ir. Goodayn, sick. 



202 



MAGDALEN COLLEGE 



1687. 



M^. Yerbiiry's father sick. 

IVIr Fra. Smith abs. [with] leave. 

Thornton absent [with] leave. 

D^". Hough, but hule lime, some absent, a copy of Commission yt 
time to consider y't if advantage they may consider. No time allow 'd to 
come, not ai^reable to y® Statutes which he hath taken on oath from 
wiiich cannot swerve, but submits to y® visitation as before. 

Bp. Chest. Name y® Statutes. 
■ Hough, ye Comis. to alter statutes which liis oath will not admit. No 
power to dispence & alter, yet they orgiver to [observe alt, to\ dispence 
& alter. 

Then ys sentence read, then asked if [lie] heard of ye sentence, 
confessed but not called nor present. 

y® petition of fellows against farmer Read. y° pe[ti]tion delivered 
lo Apr. why petition for another yet elect before. 

My Lord said, answer yt yf* King will be obeyed. 

Once in Queen I'.liz. oik.c in Edw. 6. tv;ice in K. Ch, 

y«^ Court asked for y® Regi>;.cr. they say lost in y*^ Rebellious times. 

ye Register since y® begin[ning] to be brought in to-morrow. An 
order to bring y^ benefactions & v/hat fmes. 

Mr. Holloway. 

D^ Rogers a loyall [man .?]. turn'd out. took here as Organist, had 
patent for life, they made him deliver it up. y^ petition read. 
Saterday, 2. Proclam. 

Dr. Pudsy's letter produc'd. confess'd his hand, y© letter read in y© 
Chappell & answerd in name of all y® felloM S y''^ y® place full, 
Smith, absent. 
Dr. Bayly, absent. 
Dr. StatTord, consented. 
Mr Hollis, absent. 
]\Ir. Almond, consented. 
Mr Hamond, consented. 
Mr. Rogers, consented. 
I\rr. Strickland. 
IM^. Dobson, consented. 
]Mr Bayly, consented. 
]Mr. Davis, consented. 
M'r. Bagshaw, absent. 
]\Ir. Hicks, absent. 
Vj. Thomson, absent. 
Mr. Harwar, absent. 
Mr. Bateman, consented. 
INIr Hunt, similiter. 
]\Ir. Cradock, absent. 
]\Ir Oilman, consented. 
Mr. Fullam, abs. 
•Mr. Periston, conse[nted].. 
Mr Holden, conse[nted]. 
Mr. Charnock, knew not of it. 
Mr. Weelks, consented. 



1687. 



AND KIXG JAMES II. 



203 



Dr, Hough. Whereas Lords pleased this morning pursuant to 
former decree of'y^ Comis. to [deprive ei'ased^ cross feiect.?] him of his 
place of presi'-ient & to strike ^ his name out of buttery book, 1 do 
hereby protest a,>:^ains[ y^- said proceedings, & against all y^ Lordships 
have done or hereafter shall do, in pi-eiudice of him & his right as illegall, 
uniust & null, & I do hereby appeal to our ^Sovereign lord y« King in his 
Courts of justice. 

At which yo crowd made a great humme & acclamation. 

Withdraw, Ye fellows, &c. called in. 

To fellows, did you not aitcnd y® King in person .? Confessed & 
yt y© King order'd them to elect, y® letter read & confessed. 

D^. Hugh desires y^ nobody of y^ [j-zr] not imputed to him. 

Ld. Ch. Justice, bind him in iooo^i\ and [bimk] & i\R Clark 
500 each for Hugh's appearance to answer y^ contempt . . . adiourn'd 
till tuesday .... 

[3 blank pages^ 

[hor. 9. in cap. adi. in Aul. present, comis. leg. is crossed through iii 
the il/^.]. 

Wednesday, 9. Proclam. 
ye fellows called in. 

Dr. Smith read a paper in answer to y® q[uestion] concerning their 
benefactions. 

Dr. Smidi sent a letter to D^. Hedges to excuse his absence, together 
with a paper subscribed by him to y^ san^^e effect as y^ other fellows. 
The Registers brought in. ye fellows called in. 
Df. Rogers called in. y® petition read. 

Goth[.?J forth, turnd out of wind. [.?] & E. afterwards restored, then 
agreed with y^' Coll. by reason of his daughters being with child, turnd 
out. could charge with no neglect, prays to be restored to his place, 
which he had by patent. D^". Rogers gave another paper. 

Dr. Stafford says an agreement y't to y® unles forfeited by mis- 

demeai our, to prove misdemeanour, i daughter in D^, p. time sent 
away, another daughter got with child by a chorister, warn'd severall 
times to remove and send her away, he kept her still here & got \vith 
child by y® porter at last. D^. Stafford vice-president told of his stories 
& monish'd by him yet persisted, D^. Clark returned, convened him, yt ye 
Di". neglected y© quire, spoiled y® organ, would not play y® right service-, 
y® choire spoiled, when service set he would past up y® leaves, every 
fellow agreed to remove him. remov'd. appeal'd to y® Bp. y^ Bp. 
satisfyed, & upon y^ delivered up his seale. 

Qu. why not paid. 

R. 'tis constantly paid. 

Dr. Rogers, reiect y® petition. 

[2 \ P^S^^ blank^ 
Tuesd. betwixt 9 & 10. Proclam. 

Dr. Stafford says in answer to Dr. Rogers' paper against y« Cooke, 
yt ye child laid to two other persons, & 3 yfearsj old before laid to him, 
& ye \'ice-Chancelor orderd ye woman to be whip'd. 

* Protest against all proceedings & appealed to King's Courts, & a great 
acclamation by all y bystanders : — these words are crossed through in the MS. 



204 



MAGDALEN COLLEGE 



1687. 



y€ Ansv/er satisfactory, given in in writing. 

The Steward ask'cl for a docket of y® 2 last years fines. 

he gives it in. 

desired to set his name, are they for this yeare ? 

A. for ye y[ears] [i6]85. [i6]86. 

B. do you desire any thing farther? 

A. desire a fair representation & why they could not obey. 

!Mr. Charnock says y^ leases let since Hugh president. 
■ R. it matters not, they are good, they have been very fair, doubt 
[there] shall not [be] so good an account from other places, y® vice- 
president susp[ects] if he apply's no doubt but taken of . they desire 
it may be. 

If they desire let tliem apply. 

If y^ v[ice] p[resident] let him apply. 

Adiourned till 11. 

II Proclam. 

A petition of Wj". Tey [Fry ?] read. 

the chorister entered a trooper in Lord Peterborough's Regiment 
petitioning for his pay as chorister and as to his enlis^ till this time, 
askd if [he] could ansv;er to it. 

not 20s. y[ear] due to a chorister besides commons. & when absent 
'tis supplied, further said y^ turn'd out before a trooper. 
[Ye buttery booke brought erased?]^ 
y® petition dismissed, 
adiourned till 9. 

5. cl[ock] met, adiourned till 7 fridav morning, 

{Buckley MS.) 

231. 

1687, Nov. 16. Proceedings of the Commissioners. 

By his Majesty's Commissioners for Ecclesiastical Causes, and for 
Vi5 iting of the Universities, and all Cathedrals, and Collegiate Churches, 
Colleges, Gramm-cir Schools, Hospitals, and other the like Corporations 
or Foundations and Societies, and particularly empowered to visit Mag- 
dalen College in the University of Oxford. 

Whereas in our Visitation of the said College it appeared to us, that 

D^. Charles Aid worth. INl^. James Fayrer. 

D^. Alexander Padsey. M^. Joseph Harwar. 

Dr. John Smith. M"". Thomas Bateman. 

D^. Thomas Bayley. ■ George Hunt. 

Dr. Thomas Staitbrd. M^. William Cradock. 

Mr. Robert Almont. Mr John Oilman. 

Mr iMainv/aring Hammond. Mr. George Fulham. 

Mr. John Rogers. Mr Charles Penyston. 

Mr. Richard Strickland. JMr Robert Hyde. 

Mr Plenry Dobson. M^. Edv/ard Verbury. 

Mr. James Bayley. IMr. Henry Holden. 

Mr. John Davies. I\ir, Stephen VVeciks. 

Mr. Francis Bagshaw. 



1087- 



AND KING JAMES II. 



205 



Fellows of the said College, Irave been severally guilty of Disobedience to 
liis Majesty's command, and obstinately contemned his ^[ajesty's Royal 
authority and do still persist in the same, we have thought fit upon mature 
consideration hereof, to declare, pronounce, and decree that the said Dr. 
Charles Aldworth, &c., and every of them be deprived and expelled from 
their respective Fellowships and v/e do by this our sentence and decree, 
deprive and expel them from their said several respective Fellowships. 
Given under our seal the i6th of November, 1687. 

x\bout twelve o'clock, as soon as their Lordships rose, the Decree for 
the expulsion of these twenty-f;ve Fellows was fixed upon the College 
gates in the Form aforesaid. 

The Fellows under-named then gave in Papers subscribed by them- 
selves to the Lords Commissioners in this Form : — 

May it please your Lordships, I do profess all duty to his Majesty, and 
respect to your Lordships, but beg leave to declare that I think myself 
injured in your Lordships Proceedings, and therefore Protest against 
them, and will use all just and legal ways of being relieved. 
Charles Aldworth. Thomas Bateman. 

James PJayley. Edward Yerbury. 

Joseph Flarwar. Stephen Weelkes. 

John Oilman. 

Others desired that the like Protestation might be entered for them, Nov. 
16, 1687. 

Then their Lordships ordered them to withdraw. 

{^Johnston^ 

To the Form of Submission, mentioned above, all the Fellov/s except 
D^. Thomas Smith ^ and ]Mr. Charnock, refused to subscribe. 

Dr. Aldworth, as Vice-President, was first called upon to sign the 
Paper which had been read to all the Fellows. 

Vice-President. IMy Lords, we desire time to consider of it, and to give 
our answer in writing. 

Bish of Chester. No, You must every one sign, or refuse as you are 
called. 

Baro7i Jenner. There is no answer to be given but by Ay or No. 

They all moved again for time, but it was refused. 

Vice-President. ]My Lords, this is the first time of my appearance before 
your Lordships since your sitting here, and therefore I pray to be heard. 
My Lords, I am as ready to comply with the King's pleasure as any man 
living ; neither do I know that we have ever in this place been disobedient 
to the King, where it was in our power to obey his commands. Our 
Founder, in the first clause of the Oath we take at this election, has pro- 
vided that no one shall be President of his College, but who was bred in 
it, or in the College where he himself was bred. Now for us, who have 
elected D'". Hough, a Person qualified according to our Statutes, who has 
been installed, sworn, confirmed, and approved of in all the ways and 
manner prescribed in the Statutes for us. My Lords, to accept and 
admit of a stranger and a Foreigner in his place is, to the best of my 

^ D"". Thomas Smith was, as we have seen, very augry at the statement that he had 
subscribed. 



2o6 



MAGDALEN COLLECsE 



1687. 



understanding, a giving up the Rights of the College to other uses than 
the Founder designed it. 
Here he was interrupted. 

Bishop of Ckesler. Your Statutes are over-ruled by the King's 
authority. 

Vice-President. ^My Lords, your Lordships sit here as the Visitors, 
which implies that there are certain laws and Statutes, which we are bid 
to observe, and by which we are to be governed, and if it shall appear to 
your Lord-hips that we have acted conformably to these Statutes, I hope 
that we shall neither incur the King's displeasure nor your Lordships. 
The whole Teiiour of our Statutes run that we should inviolably maintain 
our Rights, and observe the rules of our Founder. He has laid his curse 
upon us if we vary from them. (Flere he repeated the words of the 
Founder.) Ordinamus sub poind anaihejiiaiis el indigmalionis Onmipotenlis 
Dei etc. Item sub interminaiione Divini hid ids inter dicimus. 

Bishop of Chester. Are you not to obey the King as well as the 
Founder's Statutes ? 

Vice-President. My Lord, I ever did obey the King, and ever will. Our 
Statutes which we have sworn to observe, are confirmed by several Kings 
and Queens before and since the Reformation, and, as we keep them, are" 
agreeable to the King's Laws both Ecclesiastical and Civil, and so long 
as we live up to them, we obey the King. 

Bishop of Chester. Your Statutes were never confirm.ed by his present 
jMajesty. 

V.fohn Smith. My Lord, neither have they been repealed by his 
Majesty, and what is not repealed is confirmed. 

Then their Lordships pressing to sign or refuse, the Vice-President 
said : — 

Vice-President. My Lords, I will then deal plainly in regard to my oath, 
and the Statutes, to the Right of all our Successors and of D^". Llough, 
whom I believe to have been as fairly elected, and as legally possessed 
as ever any since the Foundation of the College. I cannot submit to the 
Bishop of Oxford as President. 

So he was ordered to withdraw. 

Then the same question was put to all the other Fellows singly, 
when all refused to sign the submission (except D^. Thomas Smith and 
M^. Char nock, who were not pressed for the reasons given above). 

Mr. Thompson being called in to sign the Paper said : — 

3r. Thompson. My Lords, I have been always obedient to his Majesty's 
commands. I was not concerned in the election of D^*. Hough, I voted 
for INIr. Farmer, and am ready to submit to the Bishop of Oxford. 

Bishop of Chester. Did you not put your hand to this Petition .? Is 
not this your hand } Read the Petition. It was read. In which the 
Fellows desired his Majesty to nominate any qualified Person, and to 
retract his mandate granted for Mr. Farmer. 

M''. Thompson. My Lord, I conceive the Petition not to be disobedient. 
We had not yet received the Mandate. As soon as it came I humbled 
myself. 

Baron fenner. Then why cannot you humble yourself again ? Is there 
any hurt in it ? 



5687. 



AND KING JAMES 11. 



207 



M''. Thompson. This Paper requires me to own my disobedience to his 
]\Iajesty. I am not conscious of any, and therefore I cannot subscribe. 

After a short time all who refused to subscribe the Submission were 
called in, and by sentence of their Lordships were expelled the College 
for contempt (except as before). After sentence ail that were expelled 
spoke to this effect. ' My Lord, we profess all duty to the King, and 
respect to your Lordslnp, but must beg leave to declare that we think 
ourselves injured in your Lordships Proceedings, and therefore protest 
against them, and shall use all just and legal ways of being relieved.' 

After a short time the Instrument of expulsion was fixed on the College 
Gates {Jmpartial Relaiiofi.) 



232. 

1687, Nov. 16. Continuation of D^. Thomas Smith's Diary, 

Wednesday. 7'hc Commissioners met in the Common Room, and the 
Buttery-Book being sent for, afterward upon reading the King's mandate 
for the admission of jM^. William Joyner, who had been Fellow of the 
College about forty years before, and lost his Fellowship by turning Papist ; 
and Mr. Job Allibon, Brother to the Judge of that name, they were ad- 
mitted, and their names registered ; both of them taking only the oath 
required by the Founder. 

The names of all the Fellows were called over, and certificates were 
produced in behalf of several of the absent Fellows, which were read and 
allowed. 1>. Younger was excused upon the account of his attendance upon 
the Princess of Denmark. The names of the rest who had not taken the 
like care to get themselves excused were noted down. 

Soon after the Bishop of Chester made a long speech, recapitulating 
the whole affair. 

All being ordered to withdraw but the Fellows, the Commissioners re- 
quired such of them, and only such as had contended with the King {for 
1 was not so much as spoken to, much less pressed, as in the printed 
Pamphlet entitled, * an Impartial Relation, &c.,' which is very pardal and 
faulty in several particulars relating to me, is basely and falsely suggested 
P- 37> 3S) to subscribe the (above mentioned) Paper of Submission. 

This being read, every one of the concerned Persons was asked in his 
turn whether he w^ould sign the Submission or no. 

After some little altercation they were bid to withdraw, everyone in the 
order he stood in, as they refused. 

Soon after the doors were opened, and their nam.es having been struck 
out of the Buttery-Book, the sentence of expulsion was read publickly, 
against which several of them protested in a Paper subscribed by them, to 
which the Rest assented. 

Upon the Fellows' final withdrawing, the Commissioners proceeded to 
admit several Fellows and Demies by virtue of the King's mandate. 

After dinner the Commissioners went out of Town for London. 

After the expulsion of my colleagues, v/hich they had brought upon 
themselves, and being extremely concerned for them, resolved in that very 
minute to go to London, and live there. And to begin my journey the 



2o8 



MAGDALEN COLLEGE 



1087. 



next morning, Thursday, but, no coach going from Oxford on iliat day, 
I was forced to defer it til! Friday morning. 

[Colbeii, pp. 70, 71.) 

233. 

1687, l^OY. 16. Proceedings of the Commissioners. 

Their Lordships now proceeded to admit others into the places of the 
expelled, and in order thereunio called for those, who were recommended 
by his jNIajesty's jMandates viz. M^, Charles Goring-, and JM^. Thomas 
Higgons (Demies) IM^. Fairfax, Robert Hill, INR John Warburton, 
Franci.-^ Ilaslewood (Chaplain) and IM^". Lawrence Wood. But none 
of them appeared except Mr. 'lliomas Iliggons. Whereupon their Lord- 
ships sent for three more of the Demies, viz. Samuel Jenefar, iNIr. 
Benjamin Mander, and Mr. 'Jliomas Hanson, and the two last desiring to 
continue Demies, their Lordshij)s admitted Higgons, and Pvlr. Jenefar, 
Fellows, they taking the u-ual oath of Fellow. 

Then .Air. Bradley Whalley \ Mr Walter Walsh 2; but .Mr. Middleton 
not appearing, Mr. Whalley and Mr. Walsh were admitted Demies, and 
took tlie oath of a Demy, and their names were entered in the Bultery- 
Book. 

Then their Lordships took into their consideration the case of the 
above Fellows, and ihe non-appearance of jM^. Edward jNIaynard, ]\Ir. 
John Hicks, and Mr. Thomas Goodwin, seeming excusable t)y the certi- 
ficates produced and oaths made in their behalf; and also it appearing 
that they and Mr Francis Smith, who is travelling abroad, had not 
been in any ways concerned in the whole affair, their Lordships thought 
fit to excuse them : and left the expulsion of the rest, viz. Mr. Charles 
Hawles, I\lr. Robert Holt, and Mr. Robert Thornton, to the President, 
who they conceived had full power to expell them, if hereafter at their 
return to the College they should refuse to make their snbTuission in the 
same manner as proposed to the rest of the Fellows, and so the Lords 
Commissioners concluded. {Johnsion.) 

234. 

Lists of Fallows. 



The Fellows who were absent. 
Dr. John Younger. 
Mr. Edward IMavnard. 
Mr. John Hicks.' 
Ivlr. Charles Hawles. 
Mr. Francis Smith. 
Mr. Robert Holt. 
Mr. Thomas Goodwin. 
Mr. Robert Thornton. 



The Fellows who submitted. 
Dr. Thomas Smith. 
Mr. Jasper Thompson, 
Mr. Robert Charnock. 



* Bradley Whalley. B.A. ^^erton College, 1690, M,A. Oriel, 1693. 

* Walter Walsh, B.A. Merton, 1690. M.A. Erasenose, 1693. 



J6S7. 



AND KING JAMES 11. 



209 



285. 

1687, InTov. 16. Proceedings of the Commissioners. 

On Wednesday the Lords Commissioners expelled all the Fellows of 
i^Tagdalen Colieire then resident (except D^, Thomas Smitli, Thomp- 
son, and Isl^. Charnock), for not subscribing to a Paj^er, wherein they 
must have owned the Legality of their Lordships' Proceedings, and begged 
his Majesty's Pardon for their disobedience. 

I^Ir. Thomas Holt, the Principal of the Demiies, being in the Common 
Room ^Yhen the Paper was tendt-red them, after having craved leave of 
their Lordships spoke these words or to this effect. 

Mr. Holt, When your Lords]ii])S were last here, 1 gave in a Paper, 
subscribed by all tlie L.-mies, wiiich was our answer to your Lordships 
question; concerning siii>rnission to the Bishop of Oxford as President : 
we told your Lord^hij^s wherein that we would submit so far as was 
agreeable with the Statutes of the College. Now, my Lords, we find that, 
by the Statutes of the College, we cannot obey him, and acknowledge 
him as President, for we take an oath to the same effect with that of the 
Fellows, whereby we are obliged not to admit of any Dispensation : and 
therefore I do conceive that as the Lishop of Oxford has a dispensation 
to qualify him for the })lace of President, if we admit of it and acknow- 
ledge him, we shall be perjured, and therefore for my own part, I cannot 
nor will ol>ey him. 

Ih'shop 0/ Ch.sirr, Vou are very forward. Were you called? Did we 
ask you the Question ? 

Mr. Holt, Yes, my Lord, you did, when you were here last, we gave 
then an answer, which I understand your Lordships took for a Declaration 
of an entire submission, which we did not, nor do, intend : therefore I 
thought it necessary to give your Lordship this interpretation. 

Then the Court broke up ; and though the College was then left desti- 
tute of Statutable officers ; yet the Demies did not the less frequent the 
Chapel, and other duties of the House, as did appear and was very well 
known to the credit of that Society. 

{Impariial Relation.) 

Notwithstanding the scandalous reports of IMr. Hawles ^, which he vented 
in every place on purpose to vindicate himself in those actions and words 
which he spoke and did. 

{Holden MS. p. 22.) 

236, 

1687, Nov. 16. Letter from Sykes to Charlett. 

About eight Oclock this morning the Visitors sate at IMagdalen Col- 
lege, and after a long speech from the Bishop of Chester, the Fellows 
were called, and their answer required whether they would subscribe 

^ Chadfcs Hawles %vas one of the Fello^^ s absent v/hen the oihers v/ere expelled. 
He seems to have returned to College and submitted to the Biihop of Oxford, a"-J 
made himbelf very obuoxious to the Demies. 

P 



2 JO 



MAGDALEN COLLEGE 



1687. 



a certain Paper offered to them, the substance of which was that they 
should acknowIedp:e their fault for reslsLiug the King thus long, and, 
as a testimony of tuL-ir repentance, acknovvledge the Bishop of Oxford 
for their lawful President, and promdse obedience to him; which was 
refused by all to whom it was offered, that is, twenty five of them, and 
every one of them on that account are deprived. This Test was not 
proposed to D''. Thomas Smith. I know not for what reason. And 
M^. Thompson and i\P\ Charnock said tliey had no reason to subscri()e 
it, because they did not oj^pose the King. These three are the only 
])crsons not deprive,!, except the absent which were these following. 
]\P. Maynard and TnP. Hicks sucli as it appeared by certificates. r\P". 
Francis Smith, the Physician, absent upon travel, and W^. Robert Holt, 
and M>". Hawles, without any reason given, as far as I can understand. 
Hooper the madman, and the vacancies made up the rest of the com- 
plete number. 

Eefore these Proceedings Allibonc was made Fellow by the Visitors 
in jNP'. Lndford's place, and ^V^. Joyner in D^. Fairfax's. Since tlie 
sentence M''. Jenefar, and one Higgins, Demies of the College, were also 
made fallows : the last is an Undergraduate. D^". Walter Walsh, and 
JMr. Bradley Whalley, both of Merton College, and kinsmen to the Bishop 
of Chester, are made Demies, and Robert Hills, the Printer's son. Some 
other of the Demies were sent for, as it is surmised, to see if they would 
accept of preferment now it falls so plentifully, but if so, they have not 
accepted of it. The Demies drew up a Paper wherein they declared 
that they were of the same mind as the Fellows, for the same reasons, 
and one M^*. Thomas Holt, their Principal or Senior, offered it to the 
Visitors, who refused to receive it, telling him that he was a pert bold 
man, or to that purpose, and that he might go about his business, so 
that they are like to be kept in against their inclinations. The Vice- 
Chancellor was sent for to supper last night to the Visitors, but excused 
himself. 

It w^as desired by the Persons concerned that they might have a sight 
of the Paper to be subscribed, which was refused, and they were required 
to give their answer immediately, one by one, upon hearing it read. It 
is Coffeehouse discourse to-night that M^. Joyner is Vice-President. 
Three Undergraduates, Demies of ^Magdalen, refused Fellowships. The 
Vice-Chancellor was sent for four times last night, and invited to dinner 
by the Bishop of Oxford with the Visitors, but was not there. There 
dined together two Bishops, two Judges, the Dean of Christ Church, the 
Master of University College, Vj. Allibone, M^". Joyner, Tograi Smith, 
Thomas Collins the Chaplain, Byrom Eaton, and some officers, of which 
it is supposed Captain B, whom I know, was one. Preferment and 
wine was never more easy to be had. M^. Thornton and M^. Goodwin 
were omitted among the absent. 

{^Aubrey ^ vol. i. pp. 42-44.) 



ie87. 



AND KING JAMES n. 



211 



237. 

1687, Nov. 16. Continuation of Baron Jenner's Diary. 

'After .... saw the Lord Bishop pretty well from his sciatica. We 
went down into the Court, and expelled twenty- five, and admitted four 
Fellows, two (Roman) Catholics, two (so called) Protestants, and two 
Demies ; then went to dinner, having let the Commission fall, with much 
company : — and took leave of the Bishop and Lady : and then about 
three set out, and came to Henley about seven by help of links from 
NetUebed. All well, God be praised, only the Bisliop ill of his sciatica, 
laycd at the private Lodgings.' 

Nov, 17. 

' Had a good night's rest, and got up about six, and went out about 
nine. Alarmed with highwaymen in Maidenhead thicket, several having 
been robbed the day before, but before we came to Brentford heard 
four of them were taken at Gerard's Cross : — got well to Brentford at 
the three pigeons by two, where made an end of writing the Bishop's 
Speech, and after dinner agreed upon our short narrative for the King: — 
alighted at Whitehall before seven by the help of links from Kensington, 
and went to the Secretary's office, where soon my Lord President came 
to us, and read the paper. Then had us to the King in his closet, when 
the Paper was read and approved very well, but (the King) said: "all 
the r>i.>hops in England shc;utd not excuse a refuser ": — then we went to 
my Lord Chancellor's Lodgings, who was there with the Bishop of 
Rochester (as) well; — and so came to my chamber, and so home, and 
all well \' 

* Before entering London on his return Baron Jeuner wrote in his Note Book : — 

' I did not set-k any public place because I never thought myself proper for such 
employ, my conversation having been most among the middle sort of men, not with 
great or honourable persons, which rendered me less capable of those great and most 
difiicilt affairs. Always doubtful of my own sufficiency to acquit myself in great 
matters and that tlicy would be too high for me, yet out of duty, and too much 
obedience I did submit to it.' 

Another note dated July 16S9. 'As to the recent Commission I do, and then did, 
fear I was too submissive, and something overawed by the King requiring it at my 
hands, and not thinking it would be unlawful, albeit not in the least expedient for me, 
well knowing at the best it would be an invidious errand, and I was very illcir- 
cumstanced for such an em} loyment as to my own private affairs, having such a 
numerous family, the weight whereof I now feel, a wife and ten children, and by the 
acce-s of great losses and sufferings lately happening to me, a very poor and mean 
subsistence left for my heirs.' 

Bruce, Earl of Aylesbury-, one of the Lords of the Bedchamber, in a letter addressed 
to M"". Leigh of Addlestrop writes thus of the unadvised attack on Magdalen College. 

' I had that College much at" heart at the time of that most unhappy combustion. 
I was on my knees to beg of that good and misled King not to touch the freehold ; 
and if he would have a College, rather to build one, although it was not according to 
the Constitution, and aithocigh I had not a shilling ready money I would have coq- 
tributed a thousand pounds,' 

European Magazine ^ vol, 37, p. 22* 



B a 



212 



MAGDALEN COLLEGE 



1687. 



238. 

1687. Thursday, l^ov. 17. Letter from William Sherwin. 

On Tuesday (Nov, 15) the Commissioners came to Oxford, the same 
as before widiout any alteration. They were attended by the troops as 
formerly. TLey alighted at .Magdalen College, where they were received 
by the Bishop, the Dean (of Christchurch), Obadiah (Walker), old Joyner, 
and others of the gang. On Wednesday morning Adderbury fixed a 
Paper on the College Gates, in which D^. Fairfax his expulsion was de- 
clared by the High Commissioners. At nine in tlie morning they went 
into the Common Room, where my Lord of Cliester made a speech, in 
which his Lord-hip gave them much the same language as he did in the 
last, and was pleased to dwell upon their consciences, but in the con- 
clusion told them that they had now brought an Instrument, which they 
were all desired to subscribe (except jM^ Charnock and D^. Roguery \ 
whose behaviour they were already v/ell satisfied ^\ith) but all the rest 
immediately upon s:ght of the Paper did refuse, being twenty five, and 
upon that the Commissioners struck their names out of the Book, and 
fixed their Expulsion, as they are pleased to call it, on the College Gates. 
They have adniitted Joyner and Allibon Fellows, and Jenifar i\LA., and 
Higgins, an L^ndergraduate, two of the Demies, Fellows likewise. Some 
of the Undergraduate Demies, that, last time the Commissioners were 
here, had shov/ed their willingness to conform, were called in and offered 
Fellowships, but. ilicir con^rciciKrs being awakened, they refused. There 
were two young lads made Demies. How and when rest of the 
places w ill be filled we know not. The Senior Demies in the name 
of the rest denied the subscription, but were bid begone, and no notice 
taken of it, by which means they are left to a farther execution, being 
resolved not to own these people, that are like to be set over them. 
Plaselwood, a chaplain, who had formerly herded with Charnock and 
that gang, made about a week since a solemn recantation voluntarily to 
i he whole Society, wherein he acknowledged he had done very ill things, 
of which he heartily repented; and, being by the Commissioners offered 
a Fellowship, refused it, and said he could not own any President in 
IMagdalen College but D^. Hough. This the substance of what was 
done. 

The Commissioners went out of Town by one of the Clock on 
Wednesday in the afternoon. {^Cobbeit, col. 100, loi.) 

239. 

1687, Nov. 17. Letter of Thomas Tramallier of Jesus College 
to L<i Viscount Hatton. {J^a No, 201.) 

IL 

' Jesus College : Nov. 17, 87. 
*I presum'd about three weeks agoe to trouble your Lordship with 

* D-. Smith ha^-ing excited great suspicions from the line he took in these Pro- 
ceedings, his cuslorx-iary appellation of Tograi. the nar!;e of an Arabian author ot 
eminence, whose poem he had editt^d, was changed to that of Roguoy. 

See Register of School mas Urs, p. 196. 



1687. 



AND KING JAMES II, 



215 



a long tedious account of the Proceedings of the Ecclesiastical Com- 
missioners at I\Iaguelen College; and because they are return'd here 
again, I shall beg leave to continue my relation, of Avhat has hapen'd 
since. I inform'd your Lordship then, as I apprehended it, and as I 
think, most people did that heard them, that the Fellows had submitted 
to the Bisl]op of Oxford, and that they would obey him as their President ; 
but it seems we were mistaken ; for on the Thursday following, when 
the Commissioners would have had them to subscribe a kind of Address 
of Submission, to be presented to his IMa'^y, they putt in this final answer. 
Tvlay it please your L^sliips, We have endeavour'd in all our actions to 
express our duty with all humility to his IMa^y ; and being conscious to 
ourselves, that in the \s hole conduct of this business before your L*^^hips 
we have done nothing, but what our Oaths and Statutes indispensably 
oblige us to; we cannot make any Declaration, whereby to acknowledge 
that v;e have done amiss, as having acted according to the principles of 
Loyalty and obedience to hi^ sacred IMa^-', as far as \ve could without 
doing violence to our consciences, and prejudice to our Rights (of which 
we humbly conceive this of electing our President to be one), from 
which we are svvorn on noe account v/hatever to depart. "We therefore 
humbly beg your L^^ships to represent &c. Subscribed by all, but 
Thomas Smith and Charncck. IM^. Fulham, one of the Fellov/s, had 
the misfortune then to be suspended from his Fellowship by the Com- 
missioners during the King's pleasure, for telling them that they had 
violently entered the President's lodgings, without the legal way by the 
Sheriff, and the Posse Comitatus. But on Tuesday they came hither 
again in the afternoon, and lodg'd that night at the Bp. of Oxon in 
jMagdelen College ; where yesterday morning they sate in the college 
Common Room, and the Fellows appear'd before them. The first thing 
that was done was, the reading of a couple of Mandates from the King, 
out of a bundle the Bp. of Chester held in hands, in favour of one 
Joyner, who was a Demye there above tourty years agoe, and sold his 
place before the Troubles broke out; and one Alibone, a Student of 
St. Omers ; but both Papists ; and the admitting of them Fellows there- 
upon by the Commissioners, without taking any other Oath, but that of 
Fellow; the rest being dispens'd with by the INIandate. Then Chester, 
being the mouth of the Commissioners, made his Speech ; where after a 
recapitulation of his former Charge and their Proceedings, he fell a 
railing most violently against the Fellows, calling them popular, petulant, 
obstinate, perverse, seditious, rebellious, forgetting all this while that he 
stands register'd at Queen's College for having born arms against the 
King at Worcester. But amongst other his strange Doctrines I must 
not pass by one; for it is a piece of new Divinity, worthy the ambition of 
the Candidate of the Arch-Bishoprick of York ; and it is this ; he told 
the Fellows in the exhortative part of his Speech, That they must sacrifice 
their Consciences, as a Peace-offering to the Father of their Countrey. 
After this there was an instrument produc't, containing the forme of a 
Submission, to which they were all required to subscribe, except D''. 
Tdio. Smidi. of v.hom the Bp. was pleas' d to say, That his Ma^->', in con- 
sideration of his carriatre in that whole affair, did gra-s iously condescend, 
that it should not be putt to him; and Charnock : but they all refus'd 



MAGDALEN COLLEGE 



1687. 



it ; for which they were presently after scntenc'd by the Court, five and 
twenty in number, to be depriv'd their Fellowships, and banisht the 
College. They were denied a Copy of the Instrument; but it was to 
this effect, that they should acknowledge themselves to have acted all 
along disloyally and disobediently, and beg the King s Pardon ; and that 
they own'd the Bp. of Oxon as their lawfull President, and would obey 
him accordingly. I'here were afterwards three new Fellows putt in by 
Mandates ; and two iNfandates more were offer'd, but not accepted of by 
the persons for whom they were design'd. The Fellovv-s putt in their 
several Protestations ; and the Commissioners went away in the After- 
noon ; but God only knows where thai furious zeal will terminate.' 



240. 

1687, Nov. 18. Letter from William Thornton (Sherwin ?). 

Sir. Tiiis is the account I received from Oxford concerninsr the 
business of jMagdalen College. The Commissioners dined on Thursday 
with the Bishop of Oxford in the President's Lodgings, and lay there 
that night. The next day the Court sat, and the Bishop of Chester read 
a long speech to the Fellows aggravating their fault, and charging them 
with obstinacy and rebellion. Then they were required to Subscribe a 
Paper, much of the same import as the former. Twenty five of them 
refused to subscribe, and were immediately turned out. D^". Thomas 
Smith, IM^. Charnock, and jM^". Thompson, having submitted before, it 
was not tendered to them. There were eight absent : Df. Younger, 
Mr P^rancis Smith, i\P. IMaynard, Mr. Hawles, M^. Hicks, INIr. Holt, 
Mr. Goodwin, and one more (M^. Thornton), three places vacant, and 
Mr Hooper's the madman^ which make up the number of forty. The 
Subscription was not tendered to the Demies. They admitted Mr 
Joyner, and I\Ir. Allibone, and two Demies, Jennefar, and Higgins, 
Fellows. Fellowships were proff'ered to more, and to persons of other 
houses, but were not accepted. 

{Cohbett^ col. loi, 102.) 

241. 

1687, Nov. 18. Continuation of Thomas Smith's Diary. 

On Friday morning, Nov. 18, I set forward in the Coach to London, 
and stayed there all that winter, and part of the following year, till 1 was 
expelled from my Fellowship (Aug, 3, 1688) by Bishop Giffard, the then 
President, and the Papist Fellows ; and went down to Oxford a few days 
after to remove my books, bedding, and the other furniture of my 
chamber. 

Upon my coming to Town I found the whole transaction of the affair 
relating to the College generally condemned, the Kmg arraigned as guilty 
of arbitrary government in turning men out of their freeholds, the Com- 
missioners loaded with calumnies for executing the King's pleasure, and 
acting, as they said, against law in defence of a prerogative, which these 
revilers would not acknowledge due to the Crown, and myself bespattered 



1687. 



AND KING JAMES II. 



with horrible, scaiidalous, and diabolical reflections, as tliough I were a 
Papist, or at least would soon declare myself such : — that I had per- 
juriou.-ly violated my Founder's Statutes, and that by this compliance I 
was m.iking my court to get preferm.ent, and such like stuff. I confess it 
troubled me extremely to be thus calumniated, knowing that in the whole 
affair I acted according to my judgement and conscience, upon which I 
did not choose to rely wholly, though I might have done it safely, 
knowing from the Registers of the College what had been done in the 
like cases by our Predecessors, and especially in D^'. Waiter Haddon's 
case, v;ho was a lay-gent!eman, and bred up in the University of Cam- 
bridge in the time of King Edward \\^\ in that of D". Bond under 
Queen Elizabeth ; of D''. Oliver, who was recommended by King Charles 
the First (though the King then in Oxford was assured that the Election 
would light neither upon D^. Oliver or another of his I\Tajesty's Chaplains, 
the King saying, as 1 have been most credibly informed, that he would 
send his Letters nevertheless), and in those of D^. Pierce and D^, Clerke, 
at which latter I was present, and in the Elections and Admissions of 
Fellows, to the Formalities of which we were as much obliged by Statute, 
whenever the King thought fit to interpose his Royal audiority ; — besides 
I say, not relying upon my ov/n understanding, I consulted both Divines 
and Civilians as to my behaviour in this perplexed affair, whose judge- 
ment, which could be no way biassed, agreed with mine. Hereupon to 
do myself right, and to vindicate my injured fame and credit, I found 
myself obliged to give a particular relation of my behaviour in the whole 
transaction, so far as I was concerned, either at the Election or Visitation, 
which I sent to my friend William Lloyd, Lord Bishop of St. Asalph, in a 
letter dated Nov, 24, within less than a week after my coming to Town, 
which satisfied his Lordship, who as much as he disliked the exercise of 
the King's visitatorial power at that time, and the behaviour of the Com- 
missioners for Ecclesiastical Affairs, and for visiting the Universities either 
at London or Oxford, did me the justice to vindicate me, in the midst of 
all the clamours raised against me, whenever a discourse happened to be 
started about me. 

(Cohbett, col, 71, 72.) 

242. 

1687, Nov. Continuation of D''. Thomas Smith's Diaiy. 

I finding that the case was either through ignorance misunderstood, or 
through malice and design perverted, to run down the King and his 
authority Royal, in interposing in College Elections, and that not one in 
a thousand has a right notion of it, designed to publish that Letter to 
satisfy my friends, that I was not so black a criminal, as some of my 
maligners represented me to be, and therefore consulted and advised with 
Bishop Lloyd, whether I ought not to lay open the whole affair to the 
view of the world, at least to publish that Letter written to him, which he 
would by no means give way to, or advise me to do, adding among other 
reasons, that thereby I should but gratify the Jesuits, and this afterwards 
was the opinion of D^. T, Tennisoil, who in Bi:-liop Lloyd's absense, and 
by his particular desire, I now and then consulied upon some emerging 



2l6 



MAGDALEN COLLEGE 



1687. 



difficulty. I can justly say it and I appeal, to God Almighty, the Searcher 
of all hearts, that in the whole course of rpy life, in matters relating to the 
public, I have endeavoured to discliarge a good conscience, and that the 
grace of God assuring me, I have abhorred, and the same grace still 
assisting me, shall continue to abhor, a v/ilful and designed contradicting 
the lights and directions of my conscience, or doing anything contrar}- to 
it, though it were to gain the best preferment in the Church, or to save my 
life. And as to the other crimination of my being a Papist, or would at 
least become such, I need only ai)}jeal to ail who knew me intimately both 
before and since, and to the several theological writings which I have 
published in T.atin and English, in which I have defended the doctrine of 
the Church of England against the Papists, to render it absurd, false, and 
incredible. It was a. grievous afiliction to be so unworthily reproached 
by my Brethren of the Clergy, one of whom broke out in a CotTee-house 
into scurrilous language against mc, such as was fitter for a rude, illbred, 
and hair-brained porter or carman to use, than a Scholar, Gentleman, or 
Priest. But I have lived to see this man especially, with several others 
of my severe censurers, notwithstanding their pretended zeal at the time 
in the defence of the Church of England against Popery, which certainly 
is the duty of every honest and conscientious clergyman of this Church, 
renounce his oaths, faith, declarations, and formerly avowed principles, 
and swear allegiance to an Usurper, and justify all the villanies of the late 
revolution. 

(Cohhdt, col. 72, 73.) 

243. 

1687, Nov. 20. Letter from William Shcrwin (?) to D'". Thomas 

Turner. 

Sir, In my last I gave you the fatal account of Magdalen College. I 
am apt to think it will not be unacceptable to you to hear the state of that 
place since the dissolution. By the way give me first leave to tell you 
that D^. Tograi Smith on Friday morning asked leave of the Bishop to go 
out of Town, which he denied him, telling him that there was no one 
that understood the College business, and therefore he must not go, on 
which the Doctor told his Lordship that he had leave given by the Society 
before he came to the College, which leave he took to be legal, and 
therefore would go. D"^. Pudsey, it is feared, will make good an old 
saying that a truly covetous man cannot be honest ; but you shall hear 
more of this. 

The Demies, I told you, offered to deny the Subscription, but w^re bid 
begone, and no notice taken of them. Since that they have denied any 
power over them in that College, and do refuse to cap. They constantly 
keep prayers; one of the Master Demies reads. They likewise keep 
disputations and odier exercises, a Master looking over the Bachelors of 
Arts, and a Bachelor the undergraduates. There was a Cloth laid in the 
Hall for the Undergraduate Fellow (Fliggins) above the graduate Demies, 
which they ordered the Butler to take away, but he being timorous, they 
did it themselves, telling the undergraduate Fellow that the Statutes of 
that Place did not admit that any foundation-undergraduate should take 



I 



1687. 



AND KING JAMES II. 



217 



place of a graduate, and while they stayed in the College he should not 
have it, upon which he went out of the Hall. 

Charnock sent to the undergraduates to come and Jiarrare^ to which 
they sent the answer, that they were deprived of their Deans and lawful 
officers, and did resolve not to obey any other. Charnock told them that 
toniorrovv' he shall take upon him the office of Dean, and ih-'V are 
resolved nut ro oi)'c'\- him nor the Bishop, so that there are grt-.K hopes by 
the latter end of this week, that they will l;e in the same circumstances 
with their Governors, the thing they heartily wish for. Two }'0ung men 
of Merton College (Walsh and Whalley, they say kinsmen of the ]^ishop 
of Chester) were sworn Demies, but I am lold by a worthy man of 
IMcrton College that the young men are ashamed of it, and v/ill never go 
to that unhappy College.. The Vice-Chancellor, being on the day of the 
Execution invited by the Bishop to dine with the Company, returned this 
answer, that he did not like with Colonel Kirk to dine under the gallows. 
You need not speak this publickly. 

(Cobbdly col. 102, 103.) 

244. 

1687, Nov. 22. Lettei' from "VVilJiam Sherwin. 

Sir, I received your last kind letter, the contents of which I imparted 
to some of those worthy men of iMagdalen College, but not your name. 
They return you their most hearty thanks, not only for your kind offer in 
assisting them, but for your good advice, which 1 doubt not will be 
followed. They are all getting out of Town as fast as they can, they 
being so much importuned by friends to entertainments, whieh they can 
in no other way prevent but by leaving this place. I am well assured 
that a great many of them, being so suddenly ihrovvn out, will be put to 
hard shifts, but at present those, that they are most ready to recommend 
to the assistance of friends, are Mr. Harwar, and M^. Peniston. They 
are both very honest gentlemen, who have never had (scarce) any thing 
from their friends, and (this) has made their circi mstances such that I 
believe that these are more in debt than they can well pay; and their 
Creditors here are not so kind as has been expected. IM^ Goodwin by 
sickness in London was prevented from coming dovv'n to sutler with his 
friends, but he sent two letters in which he declared his resolution to dis- 
own the jurisdiction, one of which was given to the Commissioners, and 
although he is not by them expelled, yet he resolves not to come to the 
College any more. He is a sober honest man, and I doubt not but ?d^. 
Davies will acquaint you that he is a Person highly deserving, and I am 
sure that his circumstances are but low in the world. He is at this time 
at Captain Beale's in the Old Palace Yard. 

Tlie Demies continue still as I acquainted you, and do use all en- 
deavours that they may be relieved from the place. 

I have had offers for a Fellowship for my Son (William Sherwin the 
Demy) more than once, but I thought my first answer would have pre- 
vented a second, which was that mv son was capable of no favour in 
Magdalen C\)llege, but from D^. Hough the President, and those wortliy 
gcniiemen that are turned out, and when it shall please God to restore 



2l8 



MAGDALEN COLLEGE 



1687. 



them to their rights he would be sure to have v.hat he deserved. I thank 
God that he is honest and has in himself courage enough to withstand 
any of their temptations, and he has from the beginning behaved himself 
to the satisfaction of all that worthy Society \ 

{fobheit, col. 103.) 

245 

1687, Nov. 24. Continuation of D^. Thomas Smith's Diary. 

That night after having sent away my Letter by a sure hand to Bishop 
Lloyd in the morning, a gentleman came to my lodgings telling me that 
the King, hearing that I was in Town, commanded me to come to his 
Levee the next mornin^^:, which was extremely surprising to me. 

Nov. 25, Friday morning, I went to Whitehall. I hc King was then 
under the Barber's hands, several Lords and Gentlemen attending, as is 
usual. Soon at'cer the King admitted me to the honour of kissing his 
hand, and called me into his Closet. 

The King said to me that he had heard well of me, and that I was a 
loyal and honest man, for which I suffered a thousand reproaches. The 
King bid me not to value them, and then he was pleased to tell me that 
he had had a Letter from the Bishop of Oxford stating that the Demies 
were mutinous. I said that I had endeavoured to satisfy some of them, 
but I feared that they were not to be wrought upon. I'he King was 
pleased to add tiiese very words, ' The College has been mutinous and 
factious ever since my Brother was restored.' 

Some little discourse happened about my having lived some time at 
Constantinople, and I thought fit to acquaint the King that of late I had 
not been constantly resident in the College, but lived in London, which I 
thought proper to say, because I had resolved to go down no more, while 
things continued in this disorderly condition. After this short stay the 
King said. ' Doctor, I thank you, I will stand by them who stand by me. 
You shill find it so,' or words to that purpose. I most humbly thanked 
his IMajesty and was dismissed. When I returned to my lodgings I 
thought fit to put down the above written discourse while it was fresh in 
my memory. 

Notwithstanding the King's gracious intentions towards me, I never 
made any kind of application to his Majesty either by Protestant or 
Pvomanist, and at that time dreaded preferment as much as others were 
ambitious of it, and courted it, and scorned to make a visit to my Lord 
Sunderland, who, to make his court the better, had renounced his religion, 
and was premier minisire^ much more to the Jesuit Petres, whose face I 
never saw but once £7i passant, though invited thereunto by one, who had 
a considerable interest in them both. For though I might have pretended 
with some tolerable kind of allowance to a Prebend in the Church of 
Windsor, which King Charles was pleased to promise me, or to a 
Prebend in Westminster, to which Archbishop Sancroft of his own accord, 
without my request or suggestion, told me that he would speak to the 
King (James IK) in my behalf, His Grace thinking it most agreeable to 

' William Shenvin. the De'.ny, son of the writer of the above letter, was elected 
Fellow of Merton 14 June, 168S. See Demies Rf^iscer, vol. iii. p. 43, 



1687. 



AND KING JAMES IT. 



me to live in London, as well as some otliers, whom I saw daily advanced 
to great dignities in the Church, yet, after that the troubles of the College 
hid happened, I made it my business and endea\our to avoid it, and I 
thanked God. lioari.il}-, that no Preferment was forced upon me. So much 
do 1 })i erer the cre< iit and reputation of my having acted according to my 
judgrmenl in the affair of the College, before tlie best Preferment, which 
fell afterwards in the King's gift, though it had been the Bishoprick of 
Oxford, which not long after was vacant by the Death of Bi-hop Parker. 

{Cobbe/l, col. 73, 74.) 

246. 

1687, Nov. 28. At a Court hold in the Council Chamber 
at Whitehall. 

Present. 

The Lord Chancellor. The Bishop of Chester. 

The Lord President. The Lord Cliief Justice Wright. 

The Lord Chamberlain. The Lord Chief justice Herbert. 

1'he Bishop of Durham. M^. Baron Jenner. 

The Bi>hop of Rochester. 
The further account of the Proceedings of the Visitation of S*. jMary 
Magdalen College in Oxford was read, upon which it was moved that the 
expelled Fellows should be further proceeded against by a sentence of 
Incapacity. The Lords upon debate were of opinion that the said Fellov/s 
ought to be incapacitated from receiving any Ecclesiastical Preferments 
for the future, and direct that M^. Solicitor General, Sir Robert Baldock, 
Sir Thomas Pinfold and D^. Hedges shall attend the next morning at 
nine of the clock upon this matter. 

{Johnston, pp. ii8, 119.) 

The Lord President moves that the expelled Fello\\ s be incapacitated 
by a sentence of this Court. 

T) e Lord Chief Justice Herbert says his opinion is that D^. Hough's 
Election was regular, and therefore cannot give his opinion. 

The Bishop of Rochester says the same. 

The Lord Chief Justice Wright is for proceeding further. 

IVIr. Baron Jenner — If there be a new — 

The Bishop of Chester. They ought to be further censured. 

The Bishop of Durham. Those who have preferments not to be de- 
prived, but those who expect any to be incapacitated. 

The Lord Chamberlain. Not to proceed further till the powers of the 
Court be considered of. 

The Lord Chancellor. If the Court have power to proceed to further 
punishment he is for it. 

The Lord Chancellor, the Lord President, the Bishop of Durham, the 
Bishop of Chester, Lord Chief Justice Wright, are of opinion that the 
Fellows who arc expelled, should be incapacitated from, receiving any 
Ecclesiastical Preferment for the future, if this Court can do it. 



MAGDALEN COLLEGE 



16S7. 



247. 

1687, Nov. 29. At a Court held in the Council Chamber 
at Whitehall. 

Present. 

The Loi-d Chnncellor. The Lord Bishop of^'hester. 

The Lord President. The Lord Chief Justice Wright, 

The Lord Bishop of Durham. Mr. Baron Jenner. 
The Lord J'ishop of Rochester. 
Mf. Sohcilor-General, Mr. Robert Baldock, Sir Thomas Pinfold and 
Dr. Hedc!:es attend, and have the following Paper delivered to them. 

The Lords think it requisite that the Fellows lately expelled out of S^. 
Mary Magdalen College should be incapacitated from receiving any 
Ecclesiastical Preferment for the time to come, and desire you to consider 
of the method and best manner of proceeding herein. 

Their Lord-hips appointed them to give them their opinion upon the 
matter upon Monday next at ten in the morning, but the meeting wa3 
put off till Thursday the 8th of December. 

{Johnstojt, p. 119.) 

248. 

1687, Dec. 6. State of Magdalen College. 

IMention is niade of 'the scandalous reports which INIi". Charles Hawles 
spoke and did on this day in the Master's and Bachelor's Common Fire 
Room, coming into the said room at Flight a clock at night, when all ^vas 
quiet, telling them, " that they pretended conscience, but he would harden 
their tender consciences, — that he did believe that those, who came in 
their places, would better deserve them than they did, and for ought he 
could find, when they were turned out, the highways were likely to be 
filled with thieves and robbers.'' ' 

He went about with three of the Bishop's men, and searched several 
chambers, and acted divers other things of the like nature. 

{^Impartial Relation^ 

249. 

1687, Dec. 7. As above. 

The next morning, Dec. 7, Thomas Holt, John Brabourne, and George 
Stonehouse, Demies, went up to Mr. Hawies's Chamber, where they 
charged him with each particular thing ; upon which, and not being able 
to deny any part of it, he broke out into a great passion, and violently 
thrust Mr. Flolt out of his chamber. At the same time he desired INIr. 
Brabourne to stay with him, to whom he then declared that he did, and 
would, submit to the Bishop of Oxford as President, and that all those 
that did not, nor v/ould, were fools and coxcombs. 

{Imparlial Relation^ 



1087. 



AND KING JAMES 11. 



221 



250. 

1687, Dec, 8. At a Court held at WhitehaU. 

Present. 

The Lord Chancellor. The Bishop of Rochester. 

The Lord President. The liishop of Chester. 

The Earl of Huntii>gdon. The Lord Chief Justice Wright. 

The r>ish.op of Durham. IM^ Baron Jenner. 

IVfr. Solicitor General, Sir Robert }3aldock, Sir Thomas Pinfold, and 
T)^. HedL;vs, gave their answer upon the Paper given them on the 28*^1 of 
the last month concerning the Fellovrs lately cx})elled out of S^. JNhiry 
JMagdalen College; the Lords enter upon debate of the matter, and put 
off the further consideration thereof till Saturday Dec, 10 instant, at four 
in the afternoon. 

(Johnsion, pp. 119, 120.) 

Question. Whether there is matter enough before the Court for it 
without further process. 

Lord Chief Justice Wright desires to see the former proceedings. 

Tlie Lord Bishop of Chester for the aflirmalive. 

The Lord Bishop of Durham for the aOirmative. 

The Earl of Huntingdon for the affirmative. 

I'he Lord President for the affirmative. 

The Lord Chancellor: — not fit without further proceedings. 

[?] 

251. 

1687, Dec. 9. State of Magdalen College. 

About two days after, some of the Demies being at his chamber, Mr. 
Charles Hawles denied that he said any such things, but if he did, he 
said, he was heartily sorry for it ; and then declared, that he never here- 
after would trouble himself with the government of " he College. 

{Jjiipartial Relalwn.) 

252. 

1687, Dec. 10. At a Council held at Whitehall. 
Present. 

The Lord Chancellor. The Lord Bishop of Rochester. 

The Lord President. The Lord Bishop of Chester. 

The Earl of Huntingdon. The Lord Chief Justice Wright. 

The Lord Bishop of Durham. Baron Jenner. 
The Lords resume the Debate concerning the Fellows lately expelled 
out of S*. Mary Magdalen College, and agree upon the following order. 

Whereas we thought fit by our Order of the 22^ Day of Tune last to 
declare and decree that the pretended Election of M^. John Hough, now 
Dr. John Hough, to the Presidentship of S^, IMary Magdalen College in 
the University of Oxford was void ; and therefore di^i amove the said M^". 
John Hough from the Place of President of the said College ; and whereas 



222 



MAGDALEN COLLEGE 



1687. 



the Fellov:s of the same were likewise convened before ns for their dis- 
obedience to nnd contcTiipt of his Majesty's authority by making the said 
pretended Election, and it now appearing unto us that the said D^. John 
Hough, 

D^. Charles Aldworth, IM^'. Francis Bagshaw, 

D^. Henry FairHix, IM^. James Fayrer, 

D^". Alexander Pudsey, M^. Joseph Harwar, 

Dr. John Smith, jM^. Thomas Bateman, 

Dr. Thomas Bayley, IM^. George Hunt, 

Dr. Thomas Sic^fford, William Craddock, 

Mr Robert Almond, I^Jr. John Oilman, 

Mr. ^lainwaring Hammond, Mr. George Fulham, 
Mr. John Rogers. INIr. Charles Penniston, 

Mr. Richard Strickland, INR Robert Hyde, 

Mr Henry Dobson, INIr. Edward Yerbury, 

Mr. James Bayley, IMr. Henry Plolden, 

]\lr. John Davys, 

and IMr. Stephen Weelks, lately Fellows of the said College, do persist in 
their disobedience and contempt, we have thought fit upon mature con- 
sideration of the matter, to declare, decree, and pronounce, that the said 
Dr. John Hough &c. as before recited, and every of them, shall be, and 
from henceforth they are hereby declared, and judged, incapable of 
receiving, or being admitted to, any Ecclesiastical dignity, Benefice, or 
Promotion, and ih.U -uch and every of them, who are not as yet in Holy 
Orders, shall be, and are hereby declared and adjudged incapable of re- 
ceiving and being admitted into the same : and all Archbishops, Bishops, 
and other Ecclesiastical officers and Ministers, within the Realm of 
England are hereby requested to take notice of this our Sentence, Order, 
and Decree, and to yield obedience thereunto. Given under our Seal the 
tenth day of December, 16S7. 

{^Johiston^ pp. 120, 121.) 

253. 

1687, Dec. 12. At a Council held at Whitehall. 

Present. 

The Lord Chancellor. The Lord Bishop of Rochester. 

The Lord President. The Lord Chief Justice Wright. 

The Lord Bishop of Durham. The Lord Chief Justice Herbert. 

Lord Mulgrave. I\Ir. Baron Jenner. 

The order for incapacitating, the late Fellows of St. Mary Magdalen 
College was read and approved, and a Duplicate ordered to be sent to 
every Archbishop and Bishop \ 

This resolution passed by a majority of one only, Lord LIulgrave, 

* Dec. 18, 1687. Extract from the Register of Sandhurst near Gloucester. 

M-sfuorandum. That the V icarac^e of Sandhurst being void by the death of INI'". 
Samuel Cordall, the late Incumbent, Charles Penyston, M.A. received a presentation 
U> the sayd Vicarage from the Ri^Ut Reverend Father ia God, Jonathan, Lord Bishop 



tr- 
ot 



1C87. 



AND KING JAMES 11, 



Lord Chief Justice Herbert, Baron Jenrxcr, and the Bishop of Rochester, 
voting against it. This vigorous measure was probably adopted from 
the knowledge that many of the nobility and gentry intended to bestow 
Livings on the ejected Fellows. 

(Mackintosh, Hist, of the Revolution, p. 143.) 

254. 

1687. Dec. Public Peeling. 

Collections of sums of money were not long afterwards made both at 
London and in the country for the expelled Fellows of Magdalen College. 
And the news of their expulsion v/as sent over into Holland v,'ith a great 
many horrible circumstances to aggravate the injustice of the King's 
Proceedings against thern, which affected the Princess of Orange to such 
a manner that she sent over two hundred pounds to be distributed among 
them, as one of the Fellows afterwards told me. 

(Dr. Thomas Smith's Diary, Cobbett, col. 73.) 



255. 

1687, Dec. 17. State of Magdalen CoUege. 

All things were very quiet till on the 17th of December, at which time 
IM^ Charnock crossed and put out of Commons William Sherwin, Demy, 
for not capping of him, upon which Sherwin went presently to the Buttery 
Book, and struck the Cross off, and demanded his Commons of M^. 
Hawles, as being deprived of them by one that had no power to do it, 
and for no breach of the Statutes. 

Sometime after he, the said William Sherwin, met Charnock in the 
cloisters, and told him that he was ready to dispute it out with him : — 
that capping was purely a custom, and since that he broke it first by not 
capping Dr. Plough, he had the same, and far greater reason for not 
capping of him. M^". Charnock then said, Learn to behave yourselves 
more rev^erently, or you shall dispute it shortly through a grate. 

{Impartial Relation) 

256. 

1687, Dec. 25. As above. 

On Christmas Day the Masters, Bachelors, and Demies, then present, 
went out of the Hall, without asking M^. Jenefair or M^. Charnock's 

of Bristol, and was inducted into the same, December the eighteenth, by Joseph Hatch 
of Kemmerton Clerk, in the year of our Lord, 1687. 

Charles Pen}-ston, Vicar ] 

William Sparrow ) , j > 1688. 

James Salcombe \ Churchwardens. ^ 
All the above appears to be written in Penyston's handwriting. 

168", Dec. 31. Extract from the Parish Register of Down, co, Kent. 

S'. Thomas's Day, 1687. James Fayrer, one of the Fellows of Magdalen College 
in Oxford, being deprived by order of King James \V^, v/as Minister of this poor 
Down for one year, being restored to the said College in 1688. 

(Nichols's TeJ). ct Gin, vol. i. p. 332,) 



224 



MAGDALEN COLLF.GE 



1687. 



leave, looking upon them as not Fellows, the one being unstatutably ad- 
mitted, and the other having forfeited his place not only by the Act of 
Uniformity, but according to the Vindicator of the Commons, who says 
whoever ipso facto is mentioned in any Statute, there needs no declaratory 
sentence. Upon this Mr. Charnock crossed and put out of commons all 
those, who so went out of the Hall without asking leave, and ordered that 
neither they nor any other Master, Bachelor, or Demy, should be ad- 
mitted into the Buttery, a known privilege to both of them, but the said 
persons entering the Buttery, and taking out their crosses, i\K Charnock 
thereupon sconced the Butler ten shillings each. 

These Demies often demanded justice of IVI^. Hawles, but they could 
not prevail to have their commons allowed them till a short time after he 
went out of Town, the said IM^. Hawles with much ado, and after great 
consideration, said he would venture to put them all into commons again 
though he could not tell how to answer it. 

{Jmpariial Relation^ 

257. 

1687, Dec. 29. Letter from William Sherwin. 

Sir, It is so long since I wrote to you that it makes me choose to give 
you the trouble of this rather than be thought guilty of a neglect. We 
every day expect the Commissioners at Magdalen College, and then you 
will soon hear that all persons now in College will be dismissed. The 
Chaplains and Clerks, who are under no oaths, are quitting the College as 
fast as they can by reason they would not be thought disobedient to the 
King's command. In my last I gave you an account that the most of 
the Demies had resolved never to own that power which was put over 
them, it being so positively against their oaths, to which they still con- 
tinue. They do not cap any of them, nor Charnock, that was there 
before. About a fortnight since Charnock singled out Will. [William 
Sherwin the Writer's Son] not only for a prejudice that he had taken 
against him for being by, when they broke open some of the Fellows' 
doors, and telling the persons to be careful of what they did; but I 

beheve something for mine, and the 's sake, who was his Patron, 

he demanded of him why he did not give him respect, to which he 
answered, he gave him what the Statutes required, and he thought m.ore 
than his due, he being the only one that refused to give any respect to the 
President (D^*. Hough). Charnock immediately commanded the Cook to 
let him have no more commons, and then crossed his name in the 
Buttery, which William took off again, and told him he had no more 
power to put him out of Commons, or cross his name, than one of the 
turnspits, and immediately went to M^ Hawles, and told him that in the 
absence of the President and officers, he came to him as the proper person 
to make his complaint, that jM^. Charnock being no officer, had, contrary 
to the Statutes, deprived him of his Commons, and therefore required 
him to command the Cook to give it him; and for his not capping he 
would desire the Statute to be produced, and he wuuld submit to any 
punishment therein appointed. M^". Hawles promised he would do it, but 



.XI 



1687. 



AND KING JAMES 11, 



225 



soon after told him Charnock was Dean, and that he must submit to him, 
or else he would be called before tiie i^ishop the next day, to which he 
made this answer, that if the Bishop were' at Ciiddesdcn, he would readily 
wait on him, but not in the President's Lodgin^L';s, and that he did disown 
all power in the Bishop as President, and to Charnock as Dean, which 
jnit me in great hopes they would have struck his name out of the 
P)Ook, but Charnock has told him diat he shall in a short time be looking 
through an iron gate. 

On Christmas day Jenifer sat Senior of the Hall : the IMasters and 
Bachelors Demies rose without leave, upon which Charnock commanded 
the Cook to give them no more commons, and crossed all their names. 
They all struck off their crosses and went immediately to JM^. Hawles and 
required their commons, but he like a base coward refused to do it, upon 
which they told him the next day they expected a positive answer from 
him whether he would or not, and then they would proceed another way. 
He told them something of the Bishop, but they disowned all power but 
his in the College. Yesterday the Cook was privately ordered to give 
them all their commons again. It is expected when the Commissioners 
come they will all be expelled the University, which is no terror to them, 
choosing rather to beg their bread with a safe conscience than to yield 
themselves to perjury. j\R Craddock, IM^. Davies, I\R Penystone and 
I\lr. Harwar have had institutions to small Livings. D^^. Pudsey is gone 
from the College. 

(Collell, col. 103-105.) 

258. 



1GS7, Dec. 31. Letter from the King to the Bishop of Oxford. 

To the Right Reverend Father in God, Samuel, Lord Bishop of 
Oxford, President of St. Mary INIagdalen College in the University of 
Oxford. 

Right Reverend Father in God we greet you well. Whereas there are 
several Fellowships now vacant in that our College of St. Mary Magdalen, 
Our Will and Pleasure is that you forthwith admit our trusty and well- 
beloved 

Richard Compton^ - Thomas Guilford ^ 

Thomas Fairfax ^ William Plowden^ 

Edward Merideth^ John Christmas^ 

•John Dryden* Lawrence Wood^*^ 

Philip Lewis ^ John Ross 

.\lexander Cotton ^ Austin Belson 



* Richard Compton admitted Fellow 9 Jan, 16S7-S. 

Kicliard Compton of Lincolnshire, admitted at the Ens^lish College, Rome, as a 
coa\ictor, 16 October, 1671. Left En^rland 11 May. 1674. Readmitted 20 Dec. 

4^, son of \\ illiam and Dorothv Compton of Lincolnshire. hen he 
came to the English College this second time he could give no account of himself or 
his antecedents, and was a stranger to all in the College, but after two months he 
procured from the Fathers in England excellent testimonials as to hiS life and morals. 
He was admitted at tirst among the alumni, but changing his nana became a con- 
Victor, which he had been previously in 16 71. He took the Oaths, received minor 

Q 



1%6 MAGDALEN COLLEGE 1G37. 

to be fellows of our said College, and likewise that you forthwith admit 
Robert HilP to be a Demy there in the Demy's Place now vacant. 

^ Robert lliU or Hills, son of Henry Hills, the King's Printer, admitted ii Tan. 
1687-S. 



Orders, and was orJa'ncd suhdcacon and deacon in June and July, and Priest 7 AiiL^ist 
1 701, and left the English Colltge Se[)tenibcr the 14''' follow ing. He had originally 
been sent there in 1671 from the College at Omer's, The testimonials given 
of him by the Superior Thomas Carey, speak of him. as well born and liberally 
educated, in good bodily health, without iin[;ediment of speech, of agreeable presence, 
and of sufficient capacity to proceed to the higher stud.ies. He is in Poetry, wtli 
endowed, of a solid judgemeat, and for his piety and regularity may rank with our best 
scholars. 

(Foley's Diary of the E)iglish College at Rome, pp. 419, 452, 527.) 
2 Thomas P'airfax. admitted Fellow r; Jan. 16S7-8. 

Thomas Fairfax, alias Beckett, was (if the old Yorkshire family of that name, bom 
in Yorkshire if 66, mavle his humnrdties at S'. Omer's College, entered the Society of 
Jesus 7 September, 1675, was ordained Priest iS December, 1683, and was professed 
of the four vo as 2 Fel raary, 16 )?,. In iCS.^ he was mirdster at Ghent. Upon the 
aceesaiou of Jarues Ib^ the l\i'inian Catholic Faith gained considerable footing in 
O.xford, and the King having expelled the Fellows and Demies from Magdalen College 
for an act of contumacy ! placed it in Roman Catholic hands, and Father l'\airfax, who 
was generally known as \y . P.eckett, and had taken the Degree of D.D. at Treves for 
the purpose, was aj^polnted Professor of Oriental Languages, then in great vogue at 
the University. He was a learned man and a distinguished scholar, and had been 
Professor of Theology at Liege for some time. At the outbreak of the Revolution 
1688, all firrther hope of promoting the Roman Catholic Faith ceased in Oxford ; and 
P"'ather Fairfax hini.-elf nearly l.;i;t his life from the fury of a mob. He was a Prisoner in 
Oxiord in lO^..). In 1701 .and 1704 he was residing in the College of S*^. Ignatius, 
London, as Procurator of the Province. He subsequently served the Mission of 
Wardour Castle for son^e years, and died 2 March, 1716, aged 60, probably at the 
same place. 

The ReV^ John Kirk of Lichfield in his MS. Notes and Letters (S*. Francis Xavier's 
College Library) under the head of Thomas Fairfax S. J. says, ' AI''. Segt. Jenks, who 
wrote the review of the Book of Jansenius, in his letters to Father P'airfax (copy at 
Ushaw) gives him the praise of one of the chief anti-Jansenists in the country, or the 
next to it. Indeed M"". A. Giffard asserts that " Father Fairfax was the first to begin 
printing and publishing these books of controversy corceming Jansenism, which was 
the tirst origin of the liberty, which others took after vards." I have no doubt he 
thought it necessary to second the alarm, and guard the Roman Catholics of this 
country against the infection of that heresy, yet, at the very time, it is most certain 
that no people were ever more averse to Jansenism than the English Clergy.' 

(P'oley's Records of the English Province S./.. Collectafiea, V^. i, p. 241.) 

In 1704 Thomas Fairfax, alias Pecket, was one of nineteen Missionary Fathers 
attached to the College of S'. Ignatius in the London District. (B'oley, vol, v. 
p. 215.^ 

In 1 710 among the sixteen Fathers attached to the College of S*^. Thomas of Canter- 
bury in the Hampshire District, Father Thomas Fairfax was distinguished for his zeal. 
(Foley, vol. v. p. 7S4.) 

Foley states that in 1685-168S great etTorts were made at Oxford to gain a firm 
footing for the Fathers of the Society of Jesus. Inasmuch as Oxford possessed the 
most celebrated University in England, or rather in Europe, it was considered that it 
would tend greatly to the glory of God, and the good of the Roman Catholic Faith, 
that the Fathers should be in force in that City — the Citadel or principal bulwark of 
heresv. If that could be occupied, it would open an easy path to the rest, Oxford 
being the fountain-head, whence issued forth the poisonous streams of heretical doc- 
trine, and where the Anglican Clergy were usually trained. Let this fountain be once 
imbued with the wholesome waters of orthodox doctrine, and it would thence assuredly 
flow through every part of the kingdom. The policy before adopted by Queen 
Elizabeth suggested >imilar action. For seeing no more efficacious or speedy means 
of spreading her pestiferous heresy, she imported from Germany heretical teachers, 



1CS7. 



AND KING JAMES IL 



227 



And our further Pleasure is that upon the next vacancy of a Demy's 
place you admit John Cuffand' into the same, to all the rights, privileges, 

' John Cufl": aclivUte ! 2.) Jar:. 1GS7-S. 

A.D. 16S7-S, Jan. 'The Scholars bitjcl up under PoulLon the Jesuit at the Savoy are 
to be elected Kiiig's Scbolar.s, and sent to Maudlin College in Oxford.' 

(Luttrell's Di.iry.) 

In 16S6 the King- had built a spacious house in the Savoy, including a Church and 
a School fur tlie J^. sints. This School was dissolved immediately after the Abdication. 
Macaulay sa\^;. ' It ^v'ls not improbable that the new academy in the Savoy might, 
under Ko} al ralion-ige, prove a formidable rival to the great Foundations of Eton, 
^Vc^tlninster, and Winchcst-.r. Indeed soon after the School ^va3 opened the classes 
consisted of four hr.ndre- boys, about one half of v,-honi were not members of the 
Church of Rouie. Tticse latter were not required to attend Mass, but there could be 
no doubt that the influence of able Preceptors, devoted to the Papacy, and versed in 
all llie arts which win the confidence and affection of youth, would make many 
converts. Bacon had pronounced the mode of instruction followed in the Jesuit 
Colleges to be the best ) et known in the world, and had warmly expressed his regret 
that so admirable a i-ysi;em of incellcctiial and moral discipline should be employed 011 
the ^ide of erro:.' 

{Mt-//wrluls cf the Savoy, p. 153.) 



\»ho 'j'jwed th dr abominable doctrines broadcast in the University, and by thus in- 
fecting, in the first in lance. the tluwer of the youth with this poison, it readily spread 
from thence through the whole kingdom. Hence the remarkable fact that England, 
as by one stroke, now lost the ancient faith. A like success m the oppooite direction 
was now desired for Roman Catholicity. 

It has be-n alr^id}- n.t.ni;.;'r;<.d in tl.e Piography of Father Fairfax that the ITead 
of Chris'vliu: c'l, vie j i, (.■. ge in the University, was a Roman Catholic, 
having been rcceiv(;d ii.io ii:e Church of Rome by the Oxford Fathers, who served 
a Chapel that had been prepared there. The Head of University College also 
was a Roman Catholic, and had a public Chapel, served by the same t achers, 
where a large numl^er came to he r M.-!^s. The chief hopes however were placed in 
Magdalen College,, from whicii the King, in exercise of his Royal Prerogative, had 
expelled the existing Fellows for an act of contumacy ! while he gave the College to 
Roman Catholics. Father Thomas Fairfax, D.D. was appointed to the Chair of Phi- 
losophy, besides teaching the Oriental languages. But this gleam of sunshine was of 
short dura-iion. The Progress of the Roman Catholic Religion had arouseil popular 
prejudice. E\ery eiYort was made by the Bishops and Clergy of the Established 
Church to thwart the progress of the ancient faith. The minds of the popuLace were 
inJlamed by the grossest calumnies and in\entions, disseminated through the pulpits 
and the press. The Proclamation of William of PloUand, announcing his intended 
invasion of England as the Liberator of the country was hailed with delight. Before 
he bad effected a landing in P -voTishire, lawless and excited mobs in every part of the 
country made furiuus on^Iauglit? upon the Roman Catholic Chapels and their Priests. 
AH hope now vanished. Father Fairfax himself with diliiculty escaped alive. Some 
vill ains attacked him by night in. the street, knocked him down, and trampled him 
under their feet, and had not some persons, attracted by the noise, come up with a 
light, he would undoubtedly have been murdered. 

(Foley's Records of the English Province S./., vol. v. pp. 954-95^0 

The following Letter from Father Henry Pelham, one oif the resident Priests in 
Oxford at this time, is from the original in the Public Record Ofnce, Brussels. It 
was probably WTitten to the Provincial of the Jesuits, Father John Clare (Sir John 
^^ arier, 13art.). It is couched in disguised terms for prudence-sake. 

Oxford, 1690, ^Lay 2. — Hon. Sir, You are desirous to know how things are with 
U3 in these troublesome times, since trade (religion) is so much decaye<J. I can only 
say that in the general decline of trade we have had our share. For before this turn 
we were in a very hopeful way, for we had three public shops (chapels) open in 
0\f-jrd. One did wholly belong to us, and good custom we hdd, viz. the University 
(University College Chapcb ; but now it is shut up. The Master was taken, and has 
been ever since in prison, and the rest forced to abscond. In ALig. (^Magdalen College) 

Q 2 



228 



MAGDALEN COLLEGE 



1687. 



profits, perquisites, and advantages, to the said places belonging or ap- 
pertaining, without administering to them any oatli or oaths but that of 



•we had one good man in a good station, and in time might have had more concern, 
but now, all is blown over, and oar Master, Thomas (Fairfax') Beckett, one evening 
was Hung down in the Kennel, trarn|;led iiiKjti, and had been killed, had not one, upon 
the noise, came up w'th a candle. In C'hrisichurch though T.'t' had no man. yet the 
l^Iaster was reconcll.^l by u--. and in a si:oi t tir'.ic v/oulrl have ta-.cn one i_of the Society") 
but now lie i.^ I'vd, ai.d the ,->hop shut up. In otlier places all were forced to tly, and 
ever since to hide, h->r i';:ar of the law. . . . Xo rents are paid, and worse things we 
exp .ct, if sunie better ^ettlcrneat br U'jt S'jon found out. of which we are still in some 
hope. Converts 7, RtcorL.ilL<i .•/). l]apti/ed 43, General Confessions 82, Extreme 
unctions 45. Thus, in short, 1 have sent )ou wliat 1 knov/, and am, Honoured Sir, 
your very humble Servant, Henry I'elaam. 

(Foley's Records, vol. v. p. 956.) 
Among the Fathers at \\'ardour Castle was Father Thomas Fairfax, alias Hecketr, 
v.-ho acco'-ding to V/ood's Athcrne was bom in of the Fairfax Family of York- 

shiie. He \vas educated at S^ Oaitr's College, and entered the novitiate at Watton, 
7 Scptcml er, i''>75. He passed for a distingiushed Scholar, and was professed 
2 February \'>*)1. 

In the Catalogue of the Province (Hampshire District) for 1701 and 1704 Feather 
F'airfax is described us Procurator of the Province, and Missionary Father, and resided 
jnost prcijablv in ].on(hm. The Annual Letters for 1710 speak of him as labouring 
in this (tlie 1 lamp-"'ii;o> District, ' distingxdshed for his zeal and fruit.' That he was 
then stationed at W'a.iiour Castle may be inferred from a certain Document drawn up 
and signed by him. l ather Fairfax died 2 March 1716, aged Co. 

(Foley's Records, vol. v. pp. 821-823.) 

Anthony Wool ' ' -'-f-umt of Abcdnego Setter {Ath., P.liss, vol. iv. cul. 563) 
states that he pu .e -hcet 4^'-' A PLiin A>:s7ocr to a Fo/ish Priest, question- 

ing the Orders of ' . : : \ r>r' England A^oiidon, 1688. Afterwards Thomas Fairfax, 
one of the int:u.;..d ie'-w^ '>t \ [ngdalen College, came out with a pamphlet entitled : — 
Some >\.:yc/is icn.ired i'-:^' :r:ial people, 7v!iy . Hemy Maurice, Chaplain to his 
Grace of Cantertury, cu^ht j;ct to be traduced as a'Liccncer of a Pamphlet entitled 
A Plain Ar.r.^'er to a Pcpi^i- Priest, d-r. It was printed in half a sheet in 4'-o at the 
end of Tn'cniy-oriC (uiesticns further de/nonstrating the Schism of the Church of 
England, :^c., printed in the Lodgings of M"^. Obadiah Walker within the precincts 
of University College, an. 168S. 

3 Edward M^re i'lth. 

- John Dryden. admitted Fellow it Jan. 16S7-S. 

John Dryden, the secoiul son of the Poet, was bom probably in 1667 or 166S, and 
educated at Westminster School, from which he was elected to Oxford, but instead of 
being matriculated at Christ Church, he was placed by his Father, now become a 
Roman Catholic, under the private tuition of Obatliah Walker, blaster of University 
College, a concealel Papi -t. It is suppose'l that he went to Rome about the end of 
1692, and obtained se-me ufhce under his Brother Erasmus, a Captain of the Pope's 
Guards, in the Papal Household. Previously to his leaving England he translated 
the fourteenth Satire for his Father's Juvenal ; and while at Rome he wrote a comedy. 
The Husband his o:: n Cuckold, which was acted in London and published with a 
preface by his Father. He made a Tour in Sicily and Maka, of which his Account, 
after remaining many years in manuscript, was published in 1776 in an octavo pamphlet. 
Soon after his return to Rome from this excursion he is said to have died there of 
a fever, in 170 1. 

(Chalmers' Biographical Dictionary.) 

* Philip Lewis, admitted Fellow 9 Jan. 1687-8. 

* Alexander Cotton, admitted Fellow 9 Jan. 16S7-S. 

Alexander Cotton, a younger Brother of George Cotton, and son of Edward 
Cotton, Esq., and his wife Mary Brett, was born 1O37, aiid after his studies at S'. 
Omer's College, passed on to the F'ngiish College at Rome 24 September, 1655, 
entered the Socieiy of Je--us at S*^. Andrew'^ La that city, and left it in 1662-3. 

(Foley's A'c'("c?/'t/i-, vol. vii. p. 176.) 

^ Thomas Guildiord^ admitted Fellow 9 Jan. 16S7-S. 



1687. AND KING JAMES IT. 229 

<i Fellow or Demy respectively, any Law, Statute, Custoim, or Constitution 
10 the contrary in anywise notwithstanding, with which we are graciously 



* Ceorj^e } ']o\v-(l. n , ac!r!!i;*t!l 7 1 Jan. 16^7-8. 

Gcor[:c Plov.-<icn, w.is ihe son of lOirnuiiil. great nephew of Father Thomas Plowden 
ttTid I^.nuher of !• v;!i'.r !o-! ph, who likewise entered t)ie Society of Jesus. In the 
]'>iary of the Kn.L'-'i-''" 'V ■ -;o at Koine he is mentioned as George Plowden, son of 
Juhnund, ngt'l 19 %eni>. -^.vA to have anivt.d at the College on the of October, 
1670, entering nn alumnus. After receiving niinor Orders he was ordained Prie.-^t 
at John's l.atcran on the 4'*^ of April, 1676, ami left the College on the 4'-'' of May 
following. }"roni h^ss of records we have no means of tracing the date of his entering 
the Society, nor of his subsequent career. He was certainly in England at the 
accession of Kiiig Janv:s 1T'\ for we find bim among the Fellows sent to Magdalen 
College. Oxford, by his Majesty on the advice of the arch-traitor Simderland. Pie 
was admitted on Jan. 11, J687-8, and retired on or after October 25, 16S8. 

(Foley's RcrcrJ.^ of the E)r:;lis>i Province S.J.. vol. iv. p. 5:0.) 

George Plowden was son of Fdmu'.i 1 Plosvdt-n, E-q. of Plowden Hall, and his wife 
I^H/abeih, daughter of Uichard Coiiu':. of Pedb.inij'ton, Sussex. Born 1651. 

At'er hiT }uuiia:iir=.' ^-ti. .nt St. (Juui'.. be cat.re'i tbe J-^ngli.^h College at Rome 
I4 Oct. 1670. ;^ c:,!'. '1 a \<: vii ^ r.ii jr in -the Plowden Family Notes, compiled 

by a member of the Faii; il)-, bi t (iu i^'t \\:A his name in the Catalogues of the Pro- 
vince. He died at Pontoise, March 16, 1690. 

(Foley's Kccords and Collcclanca, vol. vii. p. C04.) 

' John Chri.-tmas, ad;;dtt(d Fellow 30 Jan. 16S7-S. 

T5.A. Christ's College, Cambridge. 

Kector of I'ornard Par\ a, co. Sr.iTolk. 

liuried at S*. Peter's, O.xford, 2S April, 1743. 

Fetter from .... in T.-^nner's MSS. (Podleian), xxi.x. loS, dated I Nov, 16S7. 

I'cwre 'il Sir. N. 1 I'-ng r.ft.'r t!ie receipt of your letter I addressed myself to your 
reiglibwuihvji.d of C(,>K eaith ; Cornard), and soon found that the tniest and fullest 
account of M'". Chri-tr, as and his proceedings was to be had from D''. Eurrell of 
Sudbury, his great a.:i ' ua't^tanoe and former Patron. Whereupon I gave the Doctor a 
visit, and he told me that M^". Christmas had frequently confessed to him and to others 
that he was going over io the < 'hurcli of Rome, and had been inclinable thereunto 
ever since he came from M''. Chudleigh's service in Holland. Being asked what 
motives he had to induce him to do it, he answered that he would say his prayers first, 
and so fell down upon his knees, and continued in that posture near half a quarter of 
an hour\ i\fter which he ro-e and made a set and studied harangue, inveighing at 
large ag inst the bad lives, the -jpprc.^oic^n, and the uncharitablness of the Prot'essors 
of the Clinch of Ft'gland. In his afier discourse he harped much upon our want of 
Oideis, saving, it was damnable for our Clergy, having no other ordination than from 
the Nag's Head, to ofhciate as Priests. Some few days after he brought Father 
Keens, a Jesuit, the younger of that name (John Kejmes of the Savoy?) unto the 
T'o'-'vorto argue for him, \ hich hath since caused some interchange of letters between 
thc:n. At present he lives at his Vicamge house at Cornearth (Coniard), and hath 
obtained a dispensation from the King to hold his Fiving, and oft'ered at any time to 
show it ; saying he was going to Carnbridge to consult D'^. Basset, and Father P>ancis, 
what methods he should take about the supply of the Cure. The revenue thereof is not 
£40 [ler aimum. Neither hath there been any Di\"ine Sendee since his revolt, which 
was atiout six weeks since . . . His discourse now, whenever he comes, begins to be 
bold, resolute, reflecting, defying all arguments to the contrary, because (he had) got 
iiito a Church, whose authority and infallibility, as he saith, is not to be questioned, 
tde '\\as bom of Romish Parents, and baptized, as it is said, by Father W hitbread, 
wfiieh is one of the best arguments he useth for his being a Roman-catholic. Bred in 
the Sehe-'ol at Sudbury, afterwards at Cambridge. For some few years under D'. 
Cuvali, by whom he was recommended to the service of M'". Chudleigh then in Holland, 
%vhere he continued some small time, and from thence he returned to England. Upon his 
retuni he was admitted into I^eacon's Orders, and perhaps by my ceni;ica-e. He hath 
been a man of sober conversation but no true conformist, for which at a late visitation 



' It is said (in the margin) that at times he had been of late delirious. 



MAGDALEN COLLEGE 



1687. 



pleased to dispense in this behalf. 2\nd for so doing this shall be your 
warrant. And so we bid you heartily farewell. Given at our Court at 
Whitehall the day of December, 1687, in the third year of our 
Reign. By hi.^ iN. aje.sty's Command. 

Sunderland P. 

259. 

1687, Dec. 31. Continuatiou of Thomas Smith's Diary- 

Saturday morning, Dec. 31, 1687, I went to see the Bishop of Chester 
at his lodgings, where I found Brooks, the Bishop of Oxford's 
Secretary, jusc got in before me. The Bishop told me that he was just 
come in from \\'hitchall, and that he had been with the King to recom- 
mend one D-. Vavassor, a Physician, with one arm, who upon the death 
of his wife had resolved to go into a monastery, but that his friends 
advised him to get a P>llowship in Magdalen College. The King referred 
him to Father liters, who told him that the warrant was full, which 
%vas for twelve, all Papists, but that he might be in the next. I asked then 
what would become of the College Chapel. The Bishop of Chester said 
that he had spoken to Bishop Leyburn about it, that they, the Papists, 
should not have the use of the Chapel, there being chambers enough to 
make a chapel for their use, and that otherwise this would look like 
turning the Protestants out of it, and that Bishop Leybourn ansv.ercd 
him, that he was of that mind, and had declared as much, adding that 
his advice signified nothing, meaning as he said, that all was done by 
Father Peters. Then Bishop Cartwright told me that he beheved the 
Chapel would be made use of alternation. Upon tliis I turned to iNIr. 
Brooks and I said, ' I hope the Bishop of Oxford is of the Church 
of England, notwithstanding his Book, which was then just pub- 
hshed, and was universally decried, as written in favour of the Papists, 
and 1 hope also that he will never give up the Chapel to the uses of the 
Roman worship, and 1 pray tell him from me that I have served the 
K ing as far as my conscience and allegiance will permit, that I could go 
no further, that if I came down to the College, I would keep up the Service 
of the Church of England in the Chapel, at the usual hours, and that we 
had legal possession of it, of which we could not be deprived. I asked 
tlie Bi?ho[! what will become of the Protestants at last.? He ansv.-ered 
me that they would be preferred. ' Preferred,' said I, ' well, my Lord, 
I have served the King as far as I can ; but withal I am not only content 
to lose my Fellowship but my Life too, in defence of the Church of 
England as established by law.' So the discourse fell. 

{Cobhett, col. 74, 75.) 



of his churcli he was reprimanded by mt.. and the other Visitors. He hath been ac- 
counted a popular Preaclier but a bitter inveiy;her of the Church of Rome, notwith- 
standing which he hath lately declared that he has been inclinable that way ever 
since he came from Holland, and perhaps the more popular for his so doing. 

I rest your ready friend and Servant, 

Lawrence Wood, admitted Fellow 11 |an. 16S7-S. 
^' John Ros5, admitted Fellow n Jan. 16S7-S. 

Augustine Belson, admitted Fellow 9 January, 168 7-8. 



1G87. AND KING JAMES II, 231 

260. 

1687-8, Jan. 4-11. Admission of Fellows. 

On Monday the fourth of January, 1687-8, Messrs. Compton, Fairfax, 
Lewis, Cotton, Guildford, and Belson, were admitted actual Fellows. 

On Wednesday the sixth of January Messrs. Dr}"den, Plowden, Wood, 
and Ross were admitted actual Fellows, and Robert Hill a Demy. 

At the same time Chernock, who came to town the night before, was 
made Vice-President, Father Lewis, Dean of Divinity, and Father Fairfax, 
Dean of Arts. - {Jniparlial Relaliofi.) 

261. 

1687-8, Jan. 7. Royal Order for appointing College OfB.cers. 

James IF^. Right Reverend Father in God and Trusty and Well 
beloved, we greet you well. Whereas we are graciously pleased to have 
a particular regard for tlic good constitution of that our Col'ege, we have 
tliought fit to constitute and appoint, and do hereby constitute and 
appoint our trusty and well beloved 

Robert Chernock, Master of Arts, to be Vice-President. 

Philip Lewis to be Dean of Divinity. 

Thomas Fairfax to be Dean of Arts of our said College for and during 
our pleasure. 

Dr. I'homas Smith . 1 t. r a r 

^,,1 TT 1 1, to be bursars of the same lor the year en- 

Charles Hawles, B.D. V . ^ 

William Joyner, M.A. j 

And accordingly we do hereby will and require you forthwith to admit the 

said Robert Chernocke, Vice-President; Philip Lewis, Dean of Divinity; 

Thomas Fairfax, Dean of Arts ; of our said College for and during our 

pleasure ; and D^. Thomas Smith, Charles Hawles, and \Villiam Joyner, 

Bursars of the same for the year ensuing, any Statute or Statutes, 

Customs or Constitutions to the contrary notwithsta \ding, with which we 

do hereby dispense in this behalf. And for so doing this shall be your 

Warrant, and so we bid you heartily Farewell. Given at our Court at 

Whitehall the seventh day of January, 1687-8, in the third year of our 

Reign. 

By his Majesty's Command. Sunderland P. 
To the Right Reverend Father in God Samuel, Lord Bishop of Oxford, 
President of Saint Mary Magdalen College in our University of Oxford, 
and to our trusty and w ell beloved the Fellows of our said College. 

Jan. II. Qui o?nnes, excepio Dociore Smith, juxia Mandaii normam, 
ad miss i sunt. V, P. Reg . 

262. 

1687-8, Jan. 8. Letter from William Sherwin. % 

Sir. I have a great while designed to send you an account of the 
whole proceedings against Magdalen College, but I write a bad hand, 
and there is a great deal of it, which has been the reason why 1 have not 



MAGDALEN COLLEGE 



1687. 



yet done it, but do intend to give you the trouble. In the merintime 
I thought fit to acquaint you that these followinpr persons have brought 
their mandates for Fellowships, and I am told his Lordship has been 
pleased to inform them tliat it would be very necessary for them to hnve 
mandates for their degrees, the University being a stubborn people that 
\vould do nothing but by force : — Richard Compton, Thomas Fairflix, 
Edward Merideth, John Dryden, Philip Lewis, Alexander Cotton, Thomas 
Guildford, William Plowden, John Christmas, Lawrence Wood, Jolm Ross, 
Augustus Belson. Hills and CufTand, Demies. All Papists. Yesterday 
they brought their mandates for offices, v/hich are Charnock Vice- 
President, Smith, Hawles, and Joyner, Bursars. Lewis, Dean of 
Divinity. Fairfax and Alebone, Deans of Arts. 

(^Cobbeify col. 105.) 

263. 

1687-8, Jan. 14. Stato of Magdalen College. 

It was Saturday before VJ. Chemock sat in the Hall, and then the 
Master Demies, viz. Thomas Holt, the Senior Demy, Richard Vesey, and 
John Brabourn, made use of the first opportunity to show him that ihey 
disowned his authority by going out of the Hall without asking his leave, 
whereupon he again put them out of Commons, and crossed their names; 
which they hearing presently struck off. He then desired to speak with 
any one of them; and soon after ^I^. Vesey meeting him and Father 
Fairfax tf'Qcther Chernock said, ' There is no Society of men can live 
togetlier without being subject to some government or other.' 

y]/*". Vesey. True iNl^ Chernock, and as for the government of this 
College, I have been longer under it than yourself, and, you know, have 
been more conformable to it than }ou have been. 

il/*". Chernock, But why did you tear the Buttery Book with the 
snuffers, and throw bread about .? 

iV. Vesey. I know of no such thing, all that I did was dashing off my 
Cross, which you had no authority to put on my name. 

i;/''. Fairfax, That is enough, if you be not subject to us, this is not 
a place for you to live in. 

yV. Vesey. Then I can live somewhere else, and so I defie you all, 
and disown your authority. 

After this they discoursed with Mr. Brabourn to the same purpose. 

{Impartial Kelation^ 2^ Ed. p. 65.) 

264. 

1687-8. Letter from Henry Holden. 

On ]Monday the 9*^ of January these Persons were admitted Actual 
Fellows, viz. jM^. Compton, M^ ' Fairfax, Mr. Lewis, 'W. Cotton, M"-. 
Gifford, Mr. Belson. and on the Wednesday following (i i^h) M^. Dryden, 
Mr. Ploy den, IVR Wood, and Mr Rosse, and Robert Hills, Demy ; and 
at the same time i\Ir. Chernocke was declared Vice-Proeses ; Lewis, Dean 
of Divinity, Fairfax, Dean of Arts. On Saturday (14*^)) M^. Charnock 
sat in the Hall. iMr. Holt, Mr. Vesey, Mr Brabourn, Demies, took this 
first opportunity of shewing him they disowned his authority by going out 



(., ■ I .So A ;a-: 



1GS7. 



AND KING JAMES IL 



233 



of the Hall without hi^ leave, upon which W. Chernock crossed them, 
and put them out of commons, which they having taken off, he desired 
to speak to any one of them ; soon afterwards M''. Vesey met him and 
Mr. Fairfax together in the Cloister : IsV. Chernock then said, 'There is no 
Society of men can live together without being subject to some govern - 
ment or other.' iT/'". Vesty. 'True, M^. Chernock, and as for the 
government of this College I have been long under it, and as you yourself 
know have lived more conformable to it than you.' J\r\ CJicnmck, ' But 
why did you tear the Buttery Book, and throw bread about.?' Vcsey. 
* I know of no such thing, all that I did was taking off my Cross, which 
you hatl no authority to put on.* yV. Fairfax. ' That is enough. If 
you will not be subject to us, this is not a place for you to live in.' 
iV. Visey. ' Then I must live somewhere else, and so I defy you all, and 
disov\n your authority.' They had the same discourse v.ith iMr Bra- 
bourn. {JMS. pp. 35, 36.) 

265. 

1687-8, Jan. 15. Order from tho " President." 

On Sunday, January 15th Chernock sent the Porter to acquaint 
the Demies, that the iiishop ordered them all to appear before him and 
the officers on Monday about two of the clock in the afternoon. They 
answered that they v^•ouId not obey it as an order, but if he desired to 
speak with any of them they would wait on him. 

(//;/ partial RdatioJi . ) 

Letter from Henry Holdon. 

On Sunday Mr. Chernock sent the Porter to the Demies to tell them 
that the Bishop ordered them to appear before him and the ofilcers by 
two of the Clock on iNlonday in the afternoon. Their Answer was, 
they would obey no order, but if the Bishop desired to speak with any 
one o' them they would wait on him. 

{MS. p. 24). 

On Monday morning they had another summons, and at eleven 
o'clock Mt. Chernock ordered the Cook to let none of the Demies have 
any commons but those that were put in by the Commissioners, without 
aliedging any offence. IMonday at 2 of the Clock the Demies were again 
summoned, but they answered they disowned tiieir authority, and would 
obey no summons, upon which the Buttery Book was sent for, and 
fifteen of their names struck out, and on Tuesday at dinner-time the 
following Paper was lixed in the Hall. 

Quandoquidem, etc,^ (see Nc>. 267). {^MS. p. 24.) 

266. 

1687-8, Jan. 16. Expulsion Of Demies. 

On iMonday morning the Demies were summoned again, and at 
eleven of the Clock on the same day ls\^. Chernock ordered the Cook to 
send up no commons to the Demies, except tho^e put in by the Com- 
missioners, without aliedging any offence against thcmx. Between one 



MAGDALEN COLLEGE 



1G87. 



and two another Summons was sent to them and then they answered 
that they disowned their authority and therefore would obey no sum- 
mons from them, upon whieh fifteen of their names were immediately 
struck out of the Eultery Book, some of which entered their names 
again, but one Richard Adams, whose name was struck out by the 
Bishop and the rest, was put in again by Chernock, {j\LS.) 

267. 

1687-8, Jan. 17. As above. 

The next day being Tuesday (Jan. 17) the following Paper was fixed 
up in the Hall : — 

Quandoquidem ^[agister Holt, iM^. Adams, Vj. Vesey, Yv<^. Brabourne, 
Dominus Hyde, Ds. Woodward, D^. Fulham, Ds. Walkins, Ds. Stacy, 
Ds. Slierwin, Ds. Kenton, Bush, Cross, and Wells, Scholares Collegii 
Magdalenensis, Universitatis Oxon: vulgo dicti Demies, contra Statuta et 
Ordinationes hujus Co!if,uii jcundudum rebcUes et inobedicntes extiterint, 
et usque moclo in rebellione ei in obedientia perdurent, et conspirationes 
contra quieium regimen hujus Collegii aut fecerint, aut facientibus con- 
silium vel favorem pra;stiterint, et ea facta perpetraverint, quibus grave 
damnum, prejudicium, et scandalum dicto Collegio generetur, de quibus 
per evidentiam facti convicti sunt, idcirco Prajses, Vice-Pra;ses, et Decani 
dicti Collegii, auctoritate nostra Scholares pra^dictos amovemus et pri- 
vanuis, et eos ex nunc amotos et privates esse declaramus. Dat. in Col- 
legio noslro IMagdalenen^i Decimo Sexto die Jan, 168 7-8. 

Sam. Oxon. Prceses. 

Rob. Chernock, \'ice-Pra}ses. 

Phil. Lewis, Theolog. Decan. 

Tho. Fairfax, Art. Dean. 

[Lmpariial Relation.) 
The expelled Demies stood in the following order : — 
I. Thomas Holt, Senior, M. A. 15. Richard Walkins, B.A. 
4. Richard Adamas, J\I. A. 16. Daniel Stacey, B.A. 

6. Richard Vesey, INI.A. 17. William Sherwin, B.A. 

8. John Brabourne, M.A. 18. John Kenton, B.A. 

10. Lawrence Hyde, B.A. 19. Maximilian Bush. 

11. George Woodward, B.A. 22. John Cross. 

14. Wilham Fulham, B.A. 23. Theodore Wells. 

268. 

1687-8, Jan. 17. Letter from William Sherwin. 

* Sir, I received your last, and return you my most humble thanks for- 
your kindness in it. INI^. D— being with you before this makes me 
think it needless to give you any account of that matter you mentioned. 
I hope that you received the Papers, which I had sent you long since 
could I have had time to put them together. 

*On Sunday last (Jan. 15) the virtuous M"". Charnock, Vice-President 
of Magdalen College, crossed most of the Demies, and sent them word 
that the Bishop commanded them to appear before hirn at two o'clock 



1687. 



AND KING JAMES II. 



on iVIondav. They returned this answer that no one now in the College 
had any power over them, neither would they obey any commands from 
them, upon whicii the l^ook was sent for to the Bishop, and these follow- 
ing persons' names struck out: Holt, M^. Adams, M^. Vesey, Jvl^". 
Brabourne, Ds. Hyde, Ds. Woodward, Ds. Fulham, Ds. Watkins, Ds. 
Stacy, Ds. Sherwin, Ds. Kenton, Bush, Cross, Wells ; the rest will all 
follow. Will. [William Sherwin, son of the writer] upon the advice of 
good friends is entered in Edmund HalL' 

In one of Sherwin's letters is enclosed a list of the thirty-seven actual 
Fellows of the College, some of whose names are distinguished by 
the mark of Ab. The names of D^", Thomas Smith, Thompson, and 
Charnock are distinguished by a cross. And the follov.ing note is 
made to tlie list, ' Those gentlemen whom you fmd Ah. I believe will all 
be turned out, and for those that are crossed I think of Di*. Pelhams 
opinion^ that 'no man of sense would ever quit a Fellowship unless he 
was required to deny the Holy Trinity.' 

{Cohbdt/, col. 105, 106.) 

269. 

1687-S, Jan. 19. Continuation of Thomas Smith's Diary. 

I had heard somewhile after my coming to London that several 
Masters of Arts in O.xford were very desirous of getting Fellowships in 
the College, making not any scruple in the least of succeeding in the 
vacant places; and I was fully saii.-fied of the truth of the report, some 
of them coming up afterwards to try their interest here in order to pro- 
cure mandates for their admission. But all the Recommendations of 
.Bishop Parker or Bishop Cartwright could not prevail in their behalf, 
and Father Petre, who had tlie management of the aflair, would not give 
way to it, which was looked upon as a strange kind of politic in him, 
unless it was done designedly by the person, who influenced him as well 
as the Public Councils too much. Lord Sunderland, to exasperate and 
embari iss the Kind's afiVurs, and render him more odious to his Pro- 
testant subjects, many of whom now began to be alarmed with the 
report, which upon this refusal was soon after confirmed by the sending 
down a mandate for twelve persons, all of the Roman Communion, that 
IMagdalen College was to be turned into a Papist Seminary. This 
helped to blow the coals, and kindled that jealousy in the minds of 
Several, who before upon better information thought the King injured by 
the Fellows, and justly provoked to proceed to that severity against them, 
which afterwards broke out into factious discontents against his Person 
and Government : Upon the opening of this new scene, I vras more and 
more confirmed in the resolution I had taken when I left Oxford just 
atter the Visitation, not to return ; and was very indifferent what became 
of my Fellowship. Mr Charnock, whom they had made Vice-President, 
sent to me a Letter dated January 19^^, citing me to come down, which 
citation I slighted, and did not think fit to answer the foolish Letter ; 
and lelt them to proceed against me as they pleased. 

{Cobbdl, col. 75, 76.) 

^ Herbert Pelhara, Fellow 1621-1671. 



MAGDALEN COLLEGE 



1687. 



270. 

1687-8, Jan. 24. Admissions. 

Ac]tt];s>u.s est CufTand in numemm scmi-communariLim. 

John Cu[[and. V. P. Reg. 

1687-8, Jan. 30. 

Johannes Christmas A. B. admissus est in vcrum et pcrpctuum Sociiim 
hujus Collegii. V. P. Reg. 

On the 30^^ of January John Christmas, an apostate Divine, was 
admitted Fellow of the College. [Lioldcn MS., p. 24.) 

271. 

1687-8, Jan. 31. Expulsion of Demies. 

The following notice aj^peared in Hall with reference to three more of 
the Demies : — 

Quai'.do'. ]uidcm Samuel Crij)p?, Georgius S'onehouse, Caroliis Livesay, 
juramentum in admissione pra^stitum minime observaverint, et intolera- 
biles in rebellione extiterint, quo grave damnum et scandalum nostro 
Collegio injicerent, de quibus per evidentiam facti convicti sunt, nos 
igitur Prxses, Vice-Prxses, et Decani, praedictos rebelles a nostro Col- 
legio ex nunc amovemus. V. P. Reg. 

Order of the above-mentioned Demies: — 
2. Saniuel Cripps. 
9. George Stonchouse. 
12. Charles Livesay. 

272. 

1687-8, Feb. 14. Letter from Dr. Obadiah Walker to 
Dr. Johnston. 

s^ 

X have deferred thus lonp: to return to yours of Jan. 29, reed by me 
Feb. 4, because I would endeavor to satisfy your desires as much as lay 
in my power. I am not Master of any records or Authenlicall writings 
of that nature, & therefore employed a very discreet & intelligent 
person to assist mee ; but he having a defluxion lately fallen into 
his eies is not able to read any thing concerning it or anything else. 
Besides all the ^luniments & records of the University are in the hands 
ot & custody of one from w hom we cannot expect any assistance. What 
I can recollect of my own experience is ; that the King from time to 
time did send mandates to particular Colleges for the electing of such as 
he pleased ; \v<^^ were never opposed, tho sometimes evaded. In the 
great revolution after the surrender of the towne, when \ve were 
threatned a Visitation by the Parliament, we pleaded to it upon the 
ground, That the King alone was the founder of the Univsity, that he 
alone had the power of vi.-iting & disposing both of persons & places &c. 
& would the King comand us by his great seal wee were ready to obey. 
This came to a solemne hearing, & the case was determined against us 
by y*^ Parliament, wiio. as pi'etending to the supreme pov.er, gave comis- 
sion to certain persons (most of them of mican qualit) ) to visit us ; w<^li 



1G87. 



AND KING JAMES II. 



237 



ihev did, ^. calling us (man by man) before them ask'd us wliether we 
would submit to the power of the Parliamt, such as denied & appealed to 
the KiuL!^, were openly banished, & prohibited for coming within 5 miles 
of the Town ; some Colleges were entirely cleared, & almost all were 
dejHived of the maior part of their fellows, & the Visitors sent for other 
persons (of divers sorts c^'C.) & filled up the vacant places by them : this 
v/as in 1648; nor was any of us restored till the King's return, & by 
Comissioners appointed by him. 1 liave perused a book (Pyrrhus Cor- 
radus Praxis Dispensationum) but finde nothing in him to y^ purpose, 
liis whole designe being about Dispensations Papall : other Author I 
know not any. But meethinks nothing can be more plain, then y^- he 
wlio makes us Corporations hath power also to unmake us, if we deserve 
it, as certainly the Magd-CoU. men have done. 

I received (when his Ma^>' was in town) 18 of y^ books, but wt^iout any 
letter advice or direction what to do \s^^ them, or the price of them. 
I have sold onely 3 of them ; for w^h (& more if I can vend them) 
J shall give you account at my coming to London, w''^ I suppose will 
not be long deferred, & mean-while if my friend recover or if I can any 
odicr way serve you in this designe, you shall not fail of my diligence. 
O'' good lord direct you in this & all other y affairs. 

humble servant 

Feb. 14, 1 687.. Obad. Walker. 

{Endorsed :) — For D^. Nath, Johnston at the Iron balconey in Leicester 
Street neer the Square. London. {Jolimion JIS.) 

273. 

1687-8, Feb. 19. As above. 

I send you by jM^". Bartlets wap:on . . departing hence to morrow <fe 
inning at the Oxford-Arms in Warwick lane Prinns answer to the 
Univsities plea cone: Visitaon : the plea it self (if to be had in this tour) 
shall accompany it ; I have sent to divers freinds to lend it mee, if they 
have it. There are also some notes concerning former Visitations (the 
King had the discourse a great while agoe) if they may be serviceable 
unto you. My freind is not yet able to study, but hath promised to 
draw up the heads of what he hath to say, w^ii as soon as received shall 
be sent unto yt if any of them will be serviceable he may prosecute them 
further. Mr. Anth.' Wood's book {Il/s/on'a ^' Antiquitaies Univsitaiis 
O.V'jfi) hath many things concerning o^ Visitations, out of w^li those 
notes in writing are sent to you. Lhave spoken to the Magdalenians to 
a5->>i>t you ; but they complain that they cannot come at their Registers, 
wi'i are kept still in the power of the expelled fellows : but methinks the 
Vice-prsident might fully inform you of the historicall passages; I will 
soli'-ite him the first time I can see him. Being sorry that I cannot con- 
trii)ute any thing more to y^ excellent designe ; & wishing you not to bee 
too hastv in printing it, I remain humble servant 

Feb. 19, 1 68 J. Obad. Walker. 

[Endorsed:) — For D^. Nath: Johnston at the Iron balcone in Lcirester- 
Street near the feilds. London. {Johnslon MS.) 



238 



MAGDALEN COLLEGE 



1087. 



274. 

1687-8. Feb. 24. Admission of Fellows. 

A iMandate carne from Lord Sunderland directing the College by the 
King's command to admit our trusty and well beloved Father. 

Thoman Constable, one of our Cliaplains admitted V. S. i6 March, 
Jolin Austin Bernard, M.A., 
Thomas Clerke, M.A., admitted V. S. 2 March, 
Robert Chetleborough, M.A., admitted V. S. 2 I\Iarch, 
John Denham, B.A., admitted V. S. 2 March, 
John Woolhouse, B.A., admitted V. S. 2 March, 
Charles Brockwell, B.A., admitted V. S. 5 March, 
Stephen Callaway ^, admitted V. S. 2 I\Iarch, 
and 

Francis Hungate. to be admitted Fellows of our said Colle2:e. Ad- 
mitted V. S. 2 :\Iarch. K P. Reg. 

1687-8, March 2. M^^ Clerke, Chetteborough, Denham, Woolhouse, 
Galloway and Plungate admissi sunt juxta maiidaturn sup. dictum. 

F. P. Reg. 

1687-S, March 5. Admissus erat IM^. Brockwell, A.B. 

V. P. Reg. 

1687-8, March IG^^J. Revercndus Pater, Thomas Constable, ad- 
missus est. V. P. Reg. 

275. 

1687-8, March 3. Letter from D^. Hough to the Hon^"^« An- 
drew Newport, Brother to Francis Viscount Newport ^, from 
Worcester College, i. o. the College Green, Worcester. 

Sir, when I was in London in November last, several honourable 
persons, who had a compassion for my Brethren of Maudlins, were 
pleased to advise with me i^hat course might be taken to make them 
less sensible of the severities they had lately suffered, and because it was 
reasonable to suppose that some might be under present straits, and 
most would want a future support, they expressed themselves ready to 
relieve both, and only desired information in their particular circum- 
stances, that so their generosity might be suitably applied. I thought 
this was the least matter I could undertake both in gratitude to those, who 
had suffered with me, and, if I may without breach of modesty say it, 

* In the old Cemeter>' of S*. Pancras is, or was, the followinj^ Epitaph : ' Here lyes 
the Body of Thomas Constable of the County of Norfolk. He lived in the noble 
family of his Grace the Duk.c of Norfolk thirty-nine years, and died in his Grace's 
Service. A man of exemplary piety and charity, who departed this life July 2, 1722, 
in the 6-;*^ year of his age. Requiescat in pace. 

^ Stephen Galloway died at his house, near Red Lion Square, London, 23 Jan. 1 731, 
a noted Roman Catholic Physician. 

(Cansick's Epitaphs of St. Pancras, p. 35.) 

* The original MS., of which this is taken from a copy, was found in a Box of 
Writings at Bestlow in the Parish of Wroxeter and County of Salop. 



I 

1 



1087. 



AND KING JAMES 11. 



239 



ill a great measure for me, and in obedience to commands laid upon me 
by such as ] had all imaginable duty and honour for. Yet this, though 
managed on my part with all the privacy and prudence I ^vas Master of, 
was so invidiously represented to his i\raiesty, as very much heightened 
his displeasure towards me. It was said I lived in Town only to be the 
centre of correspondence betwixt those poor men and such of the 
Nobility and Gentry as were disaffected ; and I had notice from no 
mean person, and one above sus])icion, that if I did not take care in time 
this perhaps would be reputed more criminal, and I should find it more 
mischievous in the effects than any thing that had hitherto befallen me. 
Upon this admonition I left the Town, and was forced to forbear all 
farther intercourse with my friends at Oxford. I'he only service I could 
do them was to leave a catalogue of their names, qualities, and circum- 
stances in the hands of some worthy persons that pitied them, which 
accordingly I did, and how they have sped since I am not certainly 
informed. Many of them were not in Orders, v.h.o are since rendered 
incaj)able of being so : but, J)le<^ed be God, tlicy are able to live with- 
out. Several of the rest are preferred, some to small Livings, and others 
into good Families; but whether any yet remain destitute, or who they 
are, is more than I know. I shall have a convenience of sending to 
Oxford on Tuesday next, and if I find any of them unprovided for, who 
is qualified to live in a Family, where he will, Sir, have the honour of 
your conversation, I shall presume to recommend him, and will not fail 
to give you speedy notice of it in Shropshire. The relation I have to 
these poor Gentlemen makes it my duty to ov.n the favours that are 
placed upon them ; and for my own particular I protest the satisfaction 
of seeing ourselves not disowned by Persons of your character does very 
much overbalance all die troubles that yet have, or can possibly, befall 
me. I am, Sir, your most obedient and mo^t obliged Servant, 

J. Hough. 

It is above a month since I left Sergeant Birche's, so that I have not 
yet received the honour of your letter that was directed thither. 

276. 

1687-8, March 14. Mandate for Richard Short ^ to be a 
Fellow of Magd. CoU. 

To the Right Reverend Father in God, Samuel, Lord Bishop of 
Oxford, President of S^. Mary ^lagdalen College in our University of 
Oxford, or, in his absence, to the Vice-President of our said College. 

' Richard Short. Med. D., was descended from a Suffolk family, but was actually 
horn in London, and was the son of Thomas Short, and his wife Eli/^abeth Cresner. 
\\ hcn twelve years of age he was sent to the English Secular College at Douay, where 
he arrived 20 May, 16S2. Having completed his humanities at Douay he rerurned to 
lui'.::i m'i, and was, as we see, admitted Fellow of Magdalen CoU'fge on the displace- 
meiit by Jamjs III of the Anglican Fellows. On the restoration of th.;sc Richard Short 
retunxtl to I >ouay, where he arrived 16 November, 168S, .Having spent two years 
tliere in the s^.i ly of I'hilosophv, he set out for Montpelier in or^ier to sr.udy Plnsic. 
There he pruc ..-icd Doctor of Medicine 26 March, 1O94: and then jiass.jd on into 
Italy to perfect himself in his profession. Returning homewards he passed some months 
in Paris, intent oa the study of anatomy and operations. Settling in London he was 



MAGDALEN COLLEGE 



1687. 



James R. Right Reverend P'ather in God, vv-e greet you well. 

Whereas there are several Fellowships now void in that our College of 
St. Mary xvlagdalen, we have thought fit hereby to signify our will and 
pleasure lo you ttiat you forthwith admit our trusty and well beloved 
Richard Short to be a Fellow of our said College, wdth all the rights, 
privileges, profits, perquisites, and advantages to the same belonging or 
appertaining, without administering unto him any oath or oaths but that 
of a Fellow, any law, statute, custom, or constitution to the contrary or 
any wise notwithstanding, with which we are graciously pleased to dis- 
pense in this behalf And for so doing this shall be your Warrant. 
And so we bid you hei'rtiiy farewell. Given at our Court at Whitehall 
the fourteenth day of I\larch, 1687-8, in the f^ourth year of our Reign. 

By his majesty's command. 

Sunderland P. 

(From the original in the Library of the monastery of the Dominican 
Friars at Woodchester, near Stroud.) 

277. 

1687-8, March 21. Death of the "President." 

Obiit Samuel : Episcopus Oxon : et Prceses hujus Collegii. [ V. P. 

Soon after the expulsion of the three Demies last menUoned the 
Bishop became seriously ill, and died on the 21'^^' of March in the room 
of the Lodgings well known to us in later times as the study of the late 
venerable President D^". Routh. 

A confidential servant was with him when he received the last Man- 
date to admit nine more Roman-Catholics as Fellows. ' I am sure,' 
said she \ * I never saw him in such a passion in the sixteen years I 
lived with him. He walked up and down the room, and smote his 
breast and said, " There is no trust in man : there is no trust in Princes. 
Is this the kindness the King promised me ? To set me here to make 
me his tool and his prop I To place me wiih a company of men, which 
he knows I hate the conversation of!" So he sat down in his chair, 
and fell into a convulsive fit, and never went down stairs more till he 
was carried down. I am sure that he was no Roman.' 

During his sickness he was visited by some R. C. Priests, but they, 
as many others, were surprised to find, that upon their exhordng him to 
reconcile himself to the Church of Rome, he told them that he neither 
was, nor would be of their Communion 

I happened, writes another witness, to be in Oxford the night before 

admitted a Licentiate of the College of Physicians 22 December, 1696, became a noted 
Practitioner, and had a special regard for the poor, whom he attended in cellars and 
garrets, not only in quality of Physician, but occasionally administering to them both 
in their temporal and spiritual necessities. His ztal at last in visiting the poor having 
prejudiced his health, he was cut off in his prime about the year 1708. 

(Munk's College of Physicians, vol. i. p. 469. Dodd's Church History, vol. iii. p. 460.) 

^ Letter from Mary Harding to M''. Samuel Parker in Logs IVeckly Journal^ 25 
Oct. 1729. Sec also Lhc Cra/csniafi, 29 March, 17^9. 

D''. Routh's note to liiirntt's History of tJu Reign of King James IP, £d. 1S52, 
p. 261. 



1087. 



AND KING JAMES IL 



241 



lie died, and though he was then incapable of conversation, yet I was 
assured thai, he had received the Sacrament of the Lord's Supper, ac- 
cording to the form and usage of the Cb.urch of England, from the hands 
of D''. Lowth ; and that some time before iie had convened the Fellows 
of the College, and in their presence had made a free declaration of his 
sincere adherence to the principles of the Church of England in oppo- 
sition to those of the Roman-Catholic Church, against which he made 
a remonstrance in the presence of the persons forementioned, declaring 
that he should not give any favotir to the encouragers of the Roman 
interest ^ 

He was buried by torch-light on the 24^^ of ]\ Larch on the south side 
of the ante-chapel. No memorial marks the place of his interment, but 
epitaphs were not wanting from those, who considered that he had 
betrayed the Church, in which he held so high a position. 

Elearne gives the following : — 

Hie situs est Samuel Parker, Archidiaconus Cantuariensis, Episcopus 
Oxonicnsis, qui Palrem et iMalrem et Eratres deseruit. O tcr felicem ! 
si pro Christo. 

Hac, alieni Raptor honoris 
Usque librorum vana minantium 
Futilis autor, ore bilinguis, 
Fronte bicornis, conditur urna 
Samuel Oxon : 

D^. Bliss in a note to Wood's Alhenae (vol. iv. col. 872) adds one, 
which would seem to have been composed by the Bishop himself: — 
Hie jacet Samuel Parker Oxoniensis Episcopus 
Cmnes simultates et privatas inimicitias 
Non modo non fovi sed contempsi 
Sola integritate fretus. 
Nec vivere erubesco, nec mori reformido, 
Fide non infelix, spe felicior; 
Proesentem vitam utcunque sustineo meliorem 
expecto 

Divinam Providentiam tarn credo quam opto. 
INIulta legi, cogitavi, scripsi ; 
Omnia ex cujusque Rei principiis orsus ; 
Et tamen nulla magis scire videor, 
Quam quce per Fidem excepi. 

Anthony Wood finishes his remarks on the Bishop [Ath., Bliss, vol. iv. 
col. 235) by stating that he, ' dying in the President's Lodgings in 
I^Iagdalen College about seven Oclock in the evening of the twentieth 
day of March, 1687-8, was buried on the twenty fourth of the same 
mondi in tiie south part of the outer chapel belonging thereunto.' 

Letter from Bishop Tanner to B. Willis. Willis MSS. fol. xlv. 226. 

* I have several of his (Bishop Parker's) violent letters, which shov/ in a 

^ Thomas Johnson, Minor Canon of Canterbury, to M''. Samuel Parker, in Foi^^s 
Weekly Journal, 25 Oct. 1729. Rawlinson MSS. (Bodleian), B, 207, 

R 



MAGDALEN COLLEGE 



1688. 



very difTerent light from that epitaph He was made Bishop very much 
against the inclination of Archbishop Bancroft, wliom he traduced to 
King James. lie was btuied on tlie south side of iMagdalcn College 
outer Chapel. 

278. 

1688, March 30. Admission of Demies. 

Literse Regise a Vice-Prasside (R. Chernocke) receptee sunt ut quidem 
admitterentur in numerum semi-communariorum. 

The Mandate in the same terras as the former orders the Vice- 
President and Fellows to admit 

John Digby, 

Thomas Seymore or Leymore, 
Henry Colgrave, 
Thomas Ashwell, 
James Eden, 
John Duddell, 
Robert Stafford, 



John Huddleton, 
John Bonnington, 
John Eales, 
William Hungate, 
Charles Lavery, 
Edward Casey, 
Samuel Cox, 
Thomas Blunt, 



to be demies of our said College. 



279. 

1688, March 31. Tho New " President." 

Admissi sunt Casey, Cox, Blunt, Leymore, Ashwell, et Duddell in 
numerum semi-communariorum. 

Eodem tempore Vice-Prxses et Socii Icetabundo corde accepere man- 
datum Regium ad constituendum adrnodum Reverendum Patrem, Bona- 
venturam Gifford Episcopum electum INIadaurensem, Prassidem hujus 
CoUegii. 

V,P,Reg. 

1688, April 9. Letter from D'Adda, tho Papal Nuncio, 

* The death of the Bishop of Oxford, that has taken place a few 
days since, has given room to fmt the suggestion of Lord Sunderland 
into execution, namely, to attach IMagdalcn College to the direction of 
one of the new Prelates in order to be able to establish there with 
authority a place, where the true doctrine should be publickly taught, 
and thence spread consecutively to the other parts of the realm. For 
this office his ^Lijesty has destined Mons. Gifford, a learned and zealous 
man, who wall to the utmost of his power make so useful a study fructify. 
His Majesty has communicated to me the election he has made together 
with the condescension of providing therein that the means should be 
suitable to introduce and found in a University, so celebrated in. these 
parts, those studies, which for so long a time have been banished there- 
from ; and that the party should be commendable, in order to derive 

^ See his own epitaph above. There are nine letters written Parker amongst 
Bishop Tanner's in the Bodleian, besides other papers rt:lating to him. 



JGS8. AND KING JAMES IL ' 243 

tliercfrom every possible advantage, which is expected to be very great 
al.>o in the education of many students, who, on accoujit of Uie College 
being rich, will be able to be maintained there in a competent number. 
His Majesty told me that the said Bishop died without any religion, 
as are the greater part of the principal men, who make the most noise 
when the smallest advantage v»-hatever is in ilie favour of (Roman) 
Catholics. IMany of these Bishops are known by every one as Pres- 
byterians in profession/ 

(Aj;pendix to Macintosh's Hislory of Ihe Revoliilion^ p. 652.) 

1688, March 31. The Mandate for admitting Bonaventure GifTord \ 
D.D. and Bishop of Madaura in partibiis^ to the Place of President having 
been read, immediate admissus erat. 

V.P.Reg, 

280. 

I6S8, April. Continuation of Thomas Smith's Diary. 

'Bishop Parker dying, and D^. Gifford, titular Bishop of IMandaura 
succeeding to the Presidentship, and the College now filling apace with 
Popish Priests and others of the Roman Communion, they seized wholly 
upon the College Chapel for the uses of their religion without any regard 
to the Protestant Fellows and others not only servants but gownsmen of 
the Foundation, ^vho still kept their places and resided among them. 

* Ronaventurn Gift'oid, sou of Andrew Gifford of Northampton, a branch of the 
Giffords of Chilliu^Qton, was bom in 1643. He was educated at Douay and Paris, 
took the degree of D.D., and on the 22'' of April, 16S7, was consecrated IMshop in 
fartilnis, Avith the title of Lishop of Madaura. King James II*^ appointed him, in 
16SS, President of Magdalen College, O.-vford. after he had e.\pel!ed the old President 
and Fellows; but he had to resign this dignity in October of the same year, on the 
restoration of the old President. Pi^hop Gifford lay concealed for some time on the 
outbreak of the Revolution, but was at last seized and cast into Newgate Prison, 
where he remained for nearly a year. He was then released, and lived privately in 
London, and died at Hammersmith, 12 March, 1733, at tie advanced age of 
eighty-nine. 

(Foley's Records of the English Pro^nnce S./., vol. i. p. 543.) 

He was buried in the Cemetery of S*. Pancras in the samiC tomb with his Brother 
Andrew, and the following inscription was cut on the stone that covered their 
remains : — Sub hoc lapide junguntur cineres fratrum duonira in vita conjunctissimorurn, 
l'.onaventurL\; Giffard, E.M.V.A. et Aadrex Giffard, E.R.P. Qui, ex nobili in Agro 
Statfordiensi Familid oriundi, pietati in Deum et charitati erga homines eximie inde a 
juvenilibus annis se totos dcdentes, bonis ideo apprime chari, Malorum vexationibus 
quandnque objecti, egregia semper apud omnes fama, omnia, qua: virtutem, irigenium, 
ductiiaam sequi amant, bona malaque affatim experti. Dellcientibus demum corporis 
viribus, aliis plorantibus, ipsi Ixti huic mundo oculos clauserunt, meliori mox apper- 
turi. \ ade Lector, et quod vit^e superest similiter impende, sic tibimet ipsi optime 
co^^ules. Sic illis dum vixerunt quantum fecisses maximam [?], sic etiam mortuos loetari 
facies. Vale .... Jam feliciter .... sap .... Bonaventura natus A.D. 1642. Obiit 
^Llrtii I J, 1734. Alter natus. . . . Obiit Sept. 14, 1714. Requiescant in pace. 

Att-.r he had been discharged from prison, he lived privately in London under the 
connivance of the Government, which gave him very little disturbance, being fully 
s.-iti.-,fied w ith the inoffcnsiveness of his behaviour. He'died at Hammersmith. By his 
\\ill he directed that his body should be opened, and his heart taken out and sent to 
Duiiay College to be preserved there in spirits, and his body to be interred ui S*-. 
I'ancras' Cemetery. 

(MS. Notes to Dodd in Magdalen College Library.) 
R 2 



MAGDALEN COLLEGE 



1688. 



Though I am not certain but that they said IMass in the Chapel, I had 
sometime, or at least upon panic ular occasions, the use of it before 
Bishop Parker died, ^vho was herein, it may be, overruled and made no 
opposition. But v.helhcr so or otherwise, I cannot be positive having 
received no full information.' 

{Cohldt, col. 76.) 

1688, April. The Chapel at I\Tagdalen College in Oxford is fitting 
up for the service of the Roman Catholics settled in that College. 

(Luttreirs'/A'lzrj'.) 
Their Form of worship was set up in the College Cliapel. The 
Candlesticks u'sed at it were not long since preserved in the Butterv^ 
(Dr. Routh's note to liurnct's Hist of James II, p. 262) 

281. 

1688, May 21. Continuation of Dr. Thomas Smith's Diary. 

*I consulted Bishop Lloyd of S^. Asai)h what I might or ought to 
do in this case (of the College Chapel) whether I should go down to 
Oxford and make use of the Chapel in the way of the Church of 
England, and keep up our liturgick service there, which he told me was 
a good thought and design, which God had inspired me with. But 
however we have tliought it best to advise with an able lawyer or two ; 
whereupon he immediately wrote a letter to Sir Jolm Holt, recommend- 
ing me and my case to him, v.hich the Bishop had stated. 

' Upon my going to Sir John Molt with my letter, which he read, he 
told me that it was a cause in which the King was concerned, — that he 
was the King's Serjeant, and of Council for the King, and so could not 
be retained by me, or give me any advice, and excused himself to me with 
a great deal of civility. This was about the 21==^ or 22^^^ of jMay. 

*Then I went to Sir Francis Pemberton with the case, who, refusing 
tc take any fee of me, told me frankly that it was no way advisable 
for me to go down to Oxford to demand the use of the Chapel : — that it 
would be to no purpose : — that I would thereby incur the censure of 
folly, rashness, and madness : — that I would but run my head against 
the wall, and that upon their expelling me I could meet with no redress 
in Westminster Hall, and much to this purpose; so his advice was that 
I should desist from this attempt. I went immediately to the Bishop of 
S*. Asalph, who was fully satisfied with the opinion and judgement of this 
greatly honest and greatly learned lawyer.' 

{Cobbeit, col. 76.) 

282. 

1688, June 4^^. Koyal Mandate respecting Bona venture Gifford. 

* By these present we do commit to you alone the full and sole po^ve^ 
of nominating and admitting all such persons as you alone shall judge 

* When the Chapel was restored in 1S30 these Candk^sticks, or possibly copies of 
them, were placed on the Chapel Altar, where they still remain. 



.7 



1GS8, 



AND KING JAMES 11. 



qualified according to ihe Statutes of the Founder to Fellowships or 
Demies' places, to the F'ivinity Professorship, or Lecturers' places: to 
the Schoolmaster's place, and to all other places in or belonging to the 
said College.' V. P^Reg. 

283. 

1688, July 4. Iietter from D^. Fairfax (to Johnston ?). 

Maudlin Coll : y^^ 4tl^ : of July 88. 

Hon'i: Sr, 

]\Iy necessary absence out of town for y^ most part of last week was 
y® occasion of deferring my answer to y^^ of y^ last month. As to y*^ 
particulars, you desire to bee satisfyed in, w* I can say now is, 

1^.1 have used all care & in y® Search after y© Register E. cited by 
Wood, w^^ contains y® transactions of y^ time of Edw: y© 6^^^y 
Q: I\Iary, & ye first times of Q: Eliz:, but it cannot bee found ; y* it was 
not lost in yo Warr is evident, because Mr. ^Vood made use of it for his 
booke by leave of Clerk President, and is ready, w^^ called uppon to 
make Oath yt he has seen it <fc used it about 13 ye: agoe in y" Colledge. 
he told me, he feared, it might be secured from us, and y^ w* concerned 
Dr. Haddon, was there at large, as also D^. Coveney, &c. as to D^. 
Hump proceedings, he has no distinct memory of them. 

20. Concerning elections. i*\ y® Oath of y© fellowes in y® election of a 
President is this. Po^tpositis omnimodis .... favore ; odio, iiniore, 
invidia, pardalitate, affectione consanguinitatis, affinitalis, facuitads et 
sciential, necnon acceptione personari:i, et patrioe, et occasione qua- 
cunq ; precis, aut pretij cum omni celeritate qua poterint, nominab . . . 
unu ve) duos de Socijs ipsius Coll:, aut de illis, qui aliquando fuerint 
Socij ipsius Coll :, et ex causis Hcitis .... honesUs inde recesscrunt, vel 
nominabunt unu vel duos de Sociis nostri Coll: Vf"^ Marioe Winton in 

Ox vel de his qui quonda fuerint Socij ipsius Coll: nostri, et ex causis 

recesser mt honesds. Ita vero qu"^ nominent duos ex p^dictis Collegijs, 

vel ex aiiero eorunde, quoi in ipsorii conscioih'js magis idoneos su ks, 

discreiiores, titiliores, et apiiores ad subeundu, gerendu, faciendii et exer- 
cendu P^sidentis Officiii .... vicint et firmiter crediderint. Now y^ many 
oppositions to y*^ Mandatory P^sidents were all grounded on the . . . last 
noted particulars, and yet y® Kings and Queens dispensations overruled 
y® pleas of conscience th . . . . as M"^. V. President in a tract on this 

subject makes appeare, in Dr. Bond's case in Q: EUz: time, and D 

in the late Kings. 20. as ,to y© Demy's, y® Statute allows their admission 

at 12 but to continue in y^ onely to y^ age of 25, w^t has not been 

observed, their elecdon is by ye Statute referred to y^ P^sident, V 

and ye 3 Deanes. their qualification, that they bee bonis moribus ac 
condilionib; preornati in literis et idonei ad studendu et realikr pro- 
ficiaidum : that y® best monyed was best qualifyed of late in D^, Clarks 
time is notorious, and Mr V. Pr . . . . will expose y® whole Juggle of 
Maudlin f\yre, as their election was commonly and deservedly stiied. 

3'\ As to ye qualifications of a Fellowe to bee admitted, ii is required y^ 
Prima lonsura Clericalem hab. . . nullu impedimentu canonicum prxter de- 
fectu setatis habens ad Sacerdotium sit aptus et dispositus, bonis conditionib; 



246 



MAGDALEN COLLEGE 



less. 



et morib; peromatu?;, et ad realiter proficiendu habilis et idoneiis. And 
these particulars all ye Electours are specially (?) sworn to, and their con- 
sciences by Founder arciiu.s oncrata,\\\, cessentibas omnimodis odio, 
amore, .... accepuc<ne patriae, persona:, prece, pretio, c:jeterisc]; colori- 
bus, occasion ib; et cau>is postposids quibuscunq; in nulu aim assiimnidii^ 
vel admittendu consentiant, nisi que specaverint et fir miter credidere . . . . 
in eodern Coil: ad Dei honore, et proficiu Studij Scholastici effectualirer 
posse et velle proficere. And yet fellowes have been admitted by mandate 
contrary to y- opposition of y*^ C'oll:, fellowes have been admitted by 
resignation, y® candidate payoin'j; hi.-; 100^^ for his place &c. 

3^. Concerning y® Statute ag* Woemcn servants. The title is Quod 
omnia IMini-teria fiant per Masc . . . and y® body. Ordinamus autem pro 
perpetuis futuris temporib;, ac firmiter observari p^cipimus singula minis- 
teria dicto Coll'^ et personis eiusde competentia, p^sertim infra mania 
coUij fiant per Masculos, ut quolibet sinistra suspie re (.''), quantu fieri 

poterit, cautius evitetur. nisi f IMapparu ac alioru usualiii vesti- 

mentorum lotrix, que per manus Janitoris singula re . . . sic lavandui in 
defectu Lotoris masculi, qua talis aetatis, talisq; conditionis esse volumus, 
in qua suspicia cadere verisimiliter non debent. Now this house has 
Swarmed with Bedmakers to y^ 

40. As to y^ INFasses, Commemorations &c, the vStatute is 4 leaves long, 
and so I shall begg leave not to transcribe it. besides y^ different .Masses 
every day, 4 solemn obits are enjoyned, particular prayers for ye Co- 
founders and benefactours Soules, particular persons enjoyned dayly to 
pray for such. &c. 

50. As to y<^ primitive Statutes, wee have not y^ Original, neither have 
wee any reason to suspect that our Transcripts are any wise unfaithful!. 

I shall add 2 more remarks w^li I have made in y^ reading over y® 
Statutes, ye first is, a severe prohibition ag^ goeing to y® tavern, or 
playeing at cards or dice in y<^ Coll: or University; for y^ ist time y© 
penalty by y® Statute is privation of Commons for a week ; y^ 2^ time 
for a fortnight, ye time for a month, y«^ 4^1^ time, Expulsion, how 
thiS has been observed, y© Common room Speakes, where as y^ pot and 
y® pipe, So y*^ tables and dice were dayly exposed for use of all, and 
there kept for their use for many years last past. And as for tavern- 
hants, I need say nothing. 

y^ thing is severe ordination to keep all our houses built at y® 
Founders expenses in good repayre ; and this siib obkstatione divim 
judicij. Now these very men, (at least a great part) w^i were expelled, 
conspired to pull down 2 sides of y^ quadrangle of our Coll: of Brakely 
in Northamptonshire, and sold y® matcrialls ; a place built by y® founder 
for y^ Colledge to repayre to in case of plague, or fire in Oxford. 

Lastly it may be proper for you to have Wainfleets clause in his own 
wordes in y® conclusion of y® Statutes. Inhibemus quoq; Statuentes et 
ordinantes specialiter, et expresse sub interminatmie div mi judicij iiiter- 
dicimus dicti Collegij nri Prcesidenti, et V. Prcesidenti ac Socijs ac Schola- 
cibus ejusdem universis et singulis P'sentibus et futuris, ac in viriute lura- 
menii ipsis et ipsorii cuilibet in admissione ad Colleg: nru p^dictum 
p^stiti adrnonemus et hortamur in Dno, ne ipsi collegialiter conjunctim vei 
divisim aliquis alias Ordinaiiones vel statuta, declaraliones, Interpretationes, 



1688, 



AND KING JAMES IT, 



247 



InimiitafioneSy Injunciicnes, Expositiones, vel Glosas prcsentibus nostris Or- 
(iiiiaiionibus el Statiitis, ve] ipsoru piano, et sano grammaticali, et literali 
intellcctui quomodolibet adversantes, repugnantes vel rcpiiirnanlia, dcro- 
gantcs vel dcro^mitia, nisi per nos edencla, acc-^pieyit, nee hujiismodi fieri 
procurent, aiit eisdem iitanlur piihlice vel occulte, directe vel indirectt^. by 
virtue of this Statute, our Socij fiiiun' have a great deal to answer for. 

1 am sorry I could not find y® Register both for y^ King's and y^ sake; 
I have ground to Suspect y® Register is v.liere y<^ Keys of y® Treasury 
are, yt is, carried hence by y® expelled Felluwes. I am Hon'i S^, 

very faithf^^ servant 

Tho: Fairfax. 

This afternoon since y^ writeing of this I found y® Register E (how or 
why it matters not); and by it I can now answer y^ Queries, with w't will 
undeniably carry y® point. The mark't wordes are transcribed out of it. 

{Johfiston MS.) 

284. 

1688, July 5-9. Admissions of Fellows. 

Robert Jones, admitted V. S. 5 July. 
Edward Eertwisal, admitted V. S. 5 July. 

1 688, July 9^'\ Admissi sunt in n.umerum Sociorum communi 
omnium consensu D.Joannes Ward: D.Andreas Gilford: D.Joannes 
Harding (Hawarden). 

John Ward adm. 9 July. ^ 

Andrew Giflord^ adm. 9 July. / 

John Harding or Hawarden admitted V^^. 9 July, 1688. 



285. 

1688, July 2. Letter from D^. Fairfax (to D''. Johnston?). 

Maudlin Coll. y^ 9th July 88. 

HonJ 

I have yrs of y© 7^!^ current ; as to y^® desire of haveing King Edward 
6the's Mandate transcribed, with y© Kings answer to y^ fellowes letter, 

' Andrew GifTord, brother to Bonaventure Gifford, was an eminent Professor of 
Divinity in the English College at Douay, and afterwards a Missioner in England. 
He had all the qualihcations of a good ecclesiastic, but most especially esteemed for 
his humility in refusing a Mitre, when he was imporluiied to accept of it. He died in 
L-fmiion in Sept. 1714. 

(Dodd's Church History, mo\. iii. p. 4S6.) 
He was buried at the Cemetery of S*. Pancras. A monument with the following 
epitrxj',h was placed over his remains : — Hie jacet eximius D.D. Andreas Giffard, anti- 
que ct nobdi familia illustris, magno sciential fere universalis thesauro iilustrior, 
virtutum omnium turn scientia, turn praxi, humiliiatis praecipue et charitatis Dcum 
erg i ct proximum illustrissimus, ac propter ea illustrissimi tituio judicio omnium etiam 
J> digniss'.mo [?1 habebatur. Denique vivens commune bonum, moriens communis 
hictus cxtint, sirnilem quippe sui eheu! ubi reliquit ? Obiit Sept. xxviii. A.D. MDCCXiV. 
Kequiescat in pace. 



248 



MAGDALEN COLLEGE 



1688. 



I must answer, I should have don all that in my last, if I could have 
found y either in y© Register, or any where else. As for y® fellowes names 
they are not Subscribed in particular, onely this at y® bothem of ye letter, 
by y<^ Vice-President cmd more part of /ello7ves. y® V. Proesidents name 
is, as you may see in y^ letter to y« Vj\\ of Winchester, Giiliclmus Reding, 

2^ As to iM^. V. Presidents tract, it is very full, and my endeavour has 
not been wanteing to perswade him to lett you have it. He is for 
London this weeke, and thence for France, and I am confident, if you 
can but speake with him, you will have it ; and y^ you may speake with 
him, I will lett you know, where he lodges. 

3^. As to I)^ Bondes case ; it is this : — uppon y© death of 
Plumphrey's an election was made in favour of D^. B. Smith. Dr. Bondes 
party was very violent, and p^vailed so farr, as to perswade yo Court y* 
election was invalide and null. This being carried, Queen pretendes yt 
y® time for election bee lapsed, y^ putting in of a President belonged to 
her ; and so putt in D^". Bond, in y^ Register G wt I find is onely this, 
fol: 280 

******* 
******* 

50. As to Brackley Coll:, our Statute runs thus. Sub o?jlesfa!io?:e 
divini judicij sp<.cialitcr i7ijiing\\vi\M'&\ monemus ct insuper Staluimus, 
ut Capella nostri ColVij et aula, singulaq; alia ccdificia Dei adjutore 
nostris Siimptihus ccdificala, in vuiris cooper lur is et ^z/<7libet sui parte per- 
petuis futuris tempoi ibus per Dei gratiam, debiio, suflicienter, et congrub 
in omnibus suslenitntur. No other end can wee find they had to destroy it, 
but to putt mony into their pocketts, neither can wee find any [Visjetors 
leave or app ... for it. 

60. As to Dr. Coveny I onely find this in y© register, y^ Robert Horn 
26 July Dni 1561 sent to him orders to admonish y® Coll: of a 
Visitation, wct he submissively complyed with, in w^Ii Visitation Coveny 
was deprived, and Lawrence Humphrey chosen by 24 voices i:e: all 
y° present in y® Universitys .... himselfe being absent, as I guess, be- 
cause his Voice is not recorded for any, this was don 13 of December 
ye same Yeare 1561. 

And thus I have answerd as fully as our Registers can informe m.e, 
and if more had come to my knowledge I would readyly have communi- 
cated it with you, and thought all my labour well spent to serve any one, 
who serves our good King. I am shortely for Yorkeshire, I think on 
Munday next ; if you dy . . . . any thing more in my power lett me know 
by ye next Post, or direct y^s to me at my B^. Wat . . . ton ... at W^alton- 
hali, where 4 yeares agoe, you and I first came acquainted ; I am 

Hon^ Sr, yr very faithf servant 

Tho: Fairfax. 
{Johnston MS) 

286. 

168 S, Aug. 3. Continuation of D^". Thomas Smith's Diary. 

They expelled me on the 3^'^ of August, of which notice being given 
me by one of the College servants, for they all thought fit to keep ihcir 



1088. 



AND KING JAMES II. 



249 



places except (Robert Gardiner) the imder-Porter, who vas expelled at the 
visitation, I went down to Oxford to remove my books and goods, taking 
a lodging in a private house. After three or four days' stay I returned 
to London, vvithout taking any notice of any of the Popish Fellows. 

{Cobhttt, col. 76, 77.) 

287. 

1688, Aug. 4-10. Acts of tho Collego. 

1 688, Aug. 4 Acceptis Literis praesentationis IMagister C. Hawles 
a D. Jacobo Almond sencschallo nostro profectus est ad Episcopum 
Lichfildensem, ut admittatur ad vicariam dictam Wilioughby, et adrnis- 
sus erat. • V, F. Feg. 

1688, Aug. 7. It was found convenient not only to deprive D^". 
Thomas Smith, but also the following from their Fellowships, under the 
pretence of non-residence, viz. Francis Smith. Edward ]Maynard, John 
Hicks, Thomas Goodwin, Robert Holt, and Robert Thornton. They 
had however also refused to acknowledge the Bishop of INIadaura as their 
lawful President. V. P, Reg. 

1688, Aug. 10. Sistitur coram Vice-Praosidente, et IMr. Ward 
Bursario, Mr. Digby \ Scliolaris numeri minoris, et punitus est per sub- 
tractionem communarum per unurn diem eo quod oi)erto ca[>ite in prce- 
sentid Sociorum veneric in magnani auLim, et cum admonebatur minatus 
fuerit admonentem. V. P. Peg. 

288. 



1688, Aug. Charles Hawles and Slymbridge. 

We f nd in the life of Bishop Frampton of Gloucester that an abortive 
attempt was made about this time to present Charles Hawles to the 
Rectory of Slymbridge. 

'As the Bishop's principles of inviolable loyalty kept him steady to 
the Crown, so his undaunted courage made him despise the orders of 
the Ecclesiastical Commissioners. And good proof, though to his great 
hazard, he gave of it in the respect he shewed to IMagdalen College. Ox- 
ford, whose Fellows being by them ejected (another project they which 
designed the ruin of their lawful sovereign drew him into) lay under the 
merciless decree of being incapacitated to get their bread as scholars, but 
yet notwithstanding this, when the Bishop of Bristol had presented one 
of them to the Vicarage of Saint Hurst - near Gloucester, he gave him 
institutions as well as to another . preferred in his Diocese. And that 
he might save for as well as give to them, he refused to accept a pre- 
sentation to the Living of Slymbridge in the diocese of Gloucester vacant 

^ He \\ a3 probably a son or grandson of Sir John Digby, a zealmis siippoiter of 
Charles I^s or he may have been a son of the Hon. John Digby, a younger son of the 
Earl of E^5lol. 

^ Charles i'enyston, Vicar of Sandhurst. 



MAGDALEN COLLEGE 



loss. 



by the death of the late Incumbent, D^. DiggI^^ The circumstances 
were these. Upon the ejection of the Fellows of that College for re- 
fusing to elect a President contrary to their Statutes according to the 
King's Mandate, which as another step to his ruin his enemies drew from 
him, there v/ere left in possession two of the duly elected Fellows, l^.I^', 
Ginever (Jenefar) and IM^. Charles Hollis (Hawles), both Priests of the 
Church of England, the latter of whom by the Intruders was sent to tlie 
Bishop to dfjmand institution to the living of Slymbridge upon their pre- 
sentation. With this he came to the Bishop at Standish, and upon his 
enquiry for him was told that he had walked out, and would soon return. 
While he stayed for him, he perused his Instruments, and desired a pen 
and ink, which was brought him, and upon his spreading one of the 
Papers before him, the Bishop's nephew asked him what he was going 
to do.'* to v.hich he eagerly replied, 'what have you to do, to look over 
me?' to which the other as roughly answered, ' I suppose these writings 
are to be shewn to my Lord when he comes in, and they shall not be 
altered in his Mou^e. They are under Seal, and you cannot fairly add, 
or diminish, or alter them, nor can you do it without forgery.' With 
that INI^. Hollis grew very angry, and v/ould have put up his Instruments, 
which the other sup])osing was with a design to alter them elsewhere, he 
told him that he should not put them up, nor remove them from the 
table, till my Lord had seen them. 

Upon which they had a very warm contest, but IM^. Withers, being a 
resolute strong man, stood to his point; and during the contest the 
Bishop came in, and asked the occasion of the heat he found them in. 
M''. Holies complained of the rudeness of the nephew, whom the Bishop 
told that he ought to be respectful to a Priest. The other told him the 
whole, and charged Holies either to deny or excuse the fact, but not 
being able to do either, he tendered his Presentation to Slymbridge, 
signed by one (James Almond), who was then made Steward of the 
College by the Intruders and had the Presentation pro hac unica vice. 
Says the Bishop, Is Dr. Diggle dead } which Holies affirmed. ' Well,' 
adds he, * that Living is in the Gift of ^^lagdalen College, Oxford, and I 
shall expect a Presentation from them.' ' Why,' says M^. Flolles, ' I am 
one of the Fellows, and have the College Presentation.' ' Why,' says the 
Bishop, * this which you put into my hands is signed by a private 
person, whereas it ought to be in the name of the President and Fellows, 
and sealed with your College Seal.' ' Why,' says Mr. Holies, * this is in 
effect the same, the President and Fellows under our comm.on Seal 
having delegated that Gentleman to present for this term,' and with that 
produced the Instrument, which was signed, Bonaveniura Episccpus Ma- 
daurensis. ' Where,' says the Bishop, Ms this Madaura.?' Which ?.Ir 
Holies could not tell, only that the Gentleman so subscribing was m.ade 
President by the King. In short the Bishop told him the Law allowed 
him eight and twenty days, and he would insist upon it. M^. Holies 
then desired to know if his Lordship would give him institution when they 
were expired. To which the Bishop replied that he would then do as 
Law and Justice obliged him, and after dinner dismissed Mr. Holies with 
little satislaction, and, that he might keep out of the lash, sent the case 
^ Edmund Diggle, Rector of Slymbridge, died Aug. i, i6S8. 



1083. 



AND KING JAMES 11. 



to some of the greatest lawyers for their advice, but before their opinion 
came to him, he fell upon an expedient himself which at least would 
gain him more time, which was this. He observed that ]Mr. Holies' 
Presentation bare date one day before the Delegation, and consequently, 
had it been the Act of the true President and Fellows, it could not be 
valid. This he kept in mind, and when ^M^. Flolles came again he re- 
fused him Institution. And before they could come to try it at law, the 
King was graciously pleased to follow his own inclinations, (too late 
seeing the snare laid for him by his evil counsellors) and restored the 
President and Fellows to their right. On whose presentation he gave 
institution to a very worthy Fellow of that College, D^. Thomas Bayley 
who held it till he was deprived by the Revolution, as a non-juror to the 
new-erected Governors. (^i'^^', PP- 154-158-) 

1688, Sept. A minister lately dying in the Diocese of Gloucester, his 
Living is the Gift of Magdalen College. D^. Hough, and some of the 
cxjiclicd Fellows, met and presented a D^. Bailey S one that was expelled, 
and he hath applied to the Bishop of Gloucester for institution and 
induction, and it is thought that he will have it. 

(Luttrell's Brief Historical Relationi) 



289. 



1688, Oct. 3. Continuation of D''. Thomas Smith's Diary. 

The Archbishop of Canterbury with several others of the Bishops 
addressed the King, and laid before him several heads and articles of 
advice, among which part of the third was, that his Majesty would be 
graciously pleased to restore the President and Fellows of Saint Mary 



Mairdalen Colle2:e in Oxford. 



290, 



\Cobhett, col. 77.) 



Summary of the treatment received by tho Fellows under 

James II. 



D^ Aldworth, Vicepr. Exp. 
D^. Fairfax, Exp. 
\y. Pudsey, Exp. 
D^. Younger, Absent. 
Dr. Jo. Smith, Exp. 
Dr. Th. Smith, Submit. 
D"-. Bavlev, Exp. 
Dr Stafford, Exp, 
Mr. Plawles, Absent. 
Mr. Almont, Exp. 
Mr. Hamond, Exp. 
Mr. Rogers, Exp. 



IVIr. Strickland, Exp. 
I\Ir. Hr. Smith, Absent. 
Mr. Maynard, Absent. 
Mr. Dobson, Exp. 
]\lr Bayley, Exp. 
Mr. Dauies, Exp. 
Mr. Bagshaw, Exp. 
Mr. Hicks, Absent. 
Mr. Thompson, Submit. 
Mr. Fayrer, Exp. 
Mr. Haiwar, Exp. 
Mr. Batemian, Exp. 



' D'". Bailey was not formally presented to Slymbridgc till 5 Nov. i63S. See 
vol, ii. p. ^47. 



I 



MAGDALEN COLLEGE 



1688. 



Mj^. Hunt, Exp. 
Mr. Cradock, Exp. 
Mi^. Jo. Gilinan, Exp. 
INIr. Fulham, Exp. 
jM^^. Peiiingston, Exp. 
VJ'. Goochvyn, Absent. 

Hyde, Exp. 
]\R Yerbury, Exp. 
INIi-. Holt, Absent. 
Mr. Thornton, Absent. 
Mr. Holdcn, Exp. 



Charnock, Submit. 
M^ Weelks, Exp. 

Hooper, Mad. 
Mr. Ludibrd, (dead). 
LX Hough, preside Exp. 
'Of ys number 26 cxpell'd. 
Absent 8. 
Submit 3. 
' I\Iad I. 
Dead i. 

^Mr. Presid^^ place make up 40. 



Noucmber yo 16*^, 1687, Mr. Joyner was admitted fellow by 
Coniiss" by vertue of the K*^ letters in yf> place of d'". Hen. Fairfax ; And 
M^. Alibone in y© place of M^. Ludford (deceas'd). After 25 more of yo 
fellows were expell'd, Sam. Jenefar M^. of Arts & Th. Fliggins Vnder- 
grad (demyes) were admitted Act: fellows into 2 of y® ffllow^P'' made 
uoyd by y^ Comisb''^. At same time two demyes, viz. Whales c\: 
Hill, were admitted in y« places of Jenefar & Higgins by yQ Bp of 
Chester, & have since withdrawn themselves. 

Quxre w^ y© Dem}es said at the last sitting of y^ Comiss^^. 

{Brayhrooke MS.) 

291. 

1688, Oct. 5. Suppression of tlio Ecclesiastical Commission. 

At the Court at Whitehall, 
5th of October, lObS. 

His iMajesty was this day graciously pleased to declare in Councill, 
that in pursuance of his Resolution and Intentions to protect y© Church 
of England, and that all Suspicions and Jealousys to yo contrary may be 
removed, he had thought fit to dissolve the Comission for Causes Eccle- 
siastical Sec. and accordingly did give directions to the Hon^^e the 
Lord Chancellor of England to cause the same to be forthwith done. 

* The King put forUi a proclamation in which he solemnly promised to 
protect the Church of England, and to maintain the Act of Uniformity. 
He declared himself willing to make great sacrifices for the sake of 
concord.' 

(Macaulay's History of England) 
292. 

1688, Oct. 11. Restoration of the President and Fellows. 

The King ordered Lord Sunderland to v.-rite to the Bishop of Win- 
chester, which he did on this day, that having declared his resolution to 
preserve the Church of England, and all its rights and immunities, his 
Majesty as an evidence of it, comm.anded him to signify to his Lordship 



1688. 



AND KING JAMES II, 



253 



liis Royal will and Pleasure, that as Visitor of St. Mary Map^dalcn Col- 
lege in Oxford he should settle that Society regularly and statutably\ 

293. 

1688, Oct. 11. Letter from Clargcs to Aldworth. 

I suppose you may haue heard that my lord Archbishop of Canter- 
bury, and the Bishops of Ely, l^ath & Wells, Gloucester, Peterborough, 
and Rocliester have often lately attended his Ma^i^ on publick affaires, 
and his INIajesty has been pleased to doe many acts of grace at their 
instances, and amongst others, I\Iagdalcn College is to be restored to its 
former state — And my lord Bishop of Winchester is to visitt it the next 
week in order to a setlement thereof And his Lordship was yesterday 
with me, and acquainted me therewith, and intreated me to send to as 
many of the fellowes and demy's as I knew or could heare of to apoint 
them to rcpaire to Oxford about this day soucn night at the fartliest, and 
you will there meet the President, and Doctor Fairfax, and many others 
of your friends, to receiue the honor and reward of your vertues and 
patience, and 1 intreaie }-ou to let me haue the favour of a few lines from 
you that I may know diat this aduertisement is come to your hands from 

S^, Yr most affectionate servant 

Tho. Clarges. 

[Endorsed'.— )To my worthy friend Doci^. Aldworth at ^M^. AldM orth's 
house at Stanlake in Berkshire. Leauc thii at the signe of the bell in 
Twiford necre Reading. 

{Jlrayhrooh U/S.) 

294. 

1688, Oct. 12. Continuation of D^. Thomas Smith's Diary. 

The King sent for the Bishop of Winchester, Visitor of our College, 
and ordered him to settle the Society regularly and statutably. This the 
Bishop upon my meedng with him acquainted me with, and ordered me 
to meet him at Whitehall next morning, which I did accordingly, just 
coming with some other Bishops from the King. He took me down v/ith 
him from the room adjoining to the fine chamber, to my Lord Sunder- 
land's office, hoping to have had the warrant under the King's hand and 
seal ready. After about an hour's attendance Mr. Bridgman came to the 
office, and told him that he should certainly have it in the afternoon. 
The Bishop then desired me to go with him to the Cockpit, where he was 
going to wait upon the Princess Anne, telling me by the way that he 
would not stir from the Court till he had obtained the warrant. 

* London Gm^itc, Oct. 15, 1668, The Nuncio thouj^h generally an enemy to violent 
courses, sccras to have opposed the rcbtoration of Hough, probably from regard for 
the interests of CitTard, and the other Roman Catholics who v/ere quartered in 
Magdalen College. Leybum declared himself ' of opinion that it had been a 
spoiiatiun, and that the possession, in which the Ivoinan Catholics now found 
themselves, was one of violt-nce and ilk-gal. Therefore it was not a case of ilepnviug 
these (the R. C.'s'i of an acquired right, but of restoring to others that v hich had been 
taken by violence.' 



^54 



MAGDALEN COLLEGE 



1G88. 



Upon his going into tlie Princess's Chamber he bid me come to him 
at his Lodgings in Old Palace yard at five o'clock in the afternoon, and 
bring IX Younger along with me. We both came, and he shewed me 
the King's order, whicli was very full, of which I thought it no way 
becoming to desire to give me leave to take a copy. I asked him when 
his Lordship would restore us ; he said that he could not pitch at that 
time upon a certain day; — that he would make haste to Farnham, and 
that we should hear thence, but advising me that I should go down in the 
mean timie to secure the College Plate, Gold in the Tower, the Registers 
and the like, lest they might be embezzled and taken away. I told him 
that in the circumstances I was then, being actually dispossessed of my 
Fellowsliip, I could not act but under his Lordship's authority ratified by 
his Episcopal Seal, besides that upon leaving the College I had made a 
vow to God that I would not enter in again, but when 1 was restored. 
* Why,' says he, * this is in order to your Restoration,' so the discourse 
fell, and he went soon after (1 think the next day, for I did not see him 
afterwards) to Farnham. 

{Cobbeit, col. 77.) 

295. 

1688, Oct. 16. Delay in the Restoration. 

1688, Oct. 16. A note reached the Archbishop (Sancroft) at an early 
hour on the morning of tucsday, Oct. 16^^^, acquainting him that if his 
hcalili permitted his iMajcsty desired to speak with him that very morning. 
The Archbishop waited on the King at the time appointed. His IMajesty 
began the comersation by referring to the Restoration of Magdalen Col- 
lege, saying that the Bishop of Winchester mistook his meaning, and that 
he never meant to delay the visitation. 

(D'Oyley's Life of Sancroft, p. 213.) 

(See also Tanner's MSS. v. 28, 146, 154, 155, &c.) 

296. 

1688, Oct. 16. Continuation of D^. Thomas Smith's Diary. 

A Citation was set up on the Chapel-gate, Oct. 16, warning the 
President, Fellows, and all persons concerned, to meet the Visitor 
there on the second of November following, by which time the Popish 
Fellows were ordered to be gone, which was a strain of the Bishop's 
civility to them. I\Iy Lord of Canterbury and several others of great 
quality hearing of this delay, signified their just displeasure at it, of v/hich 
the Bishop being sensible he hastened to Oxford on Saturday, the 2o*^ti 
of October, andcipating the time prescribed by him in his Instrument 
almost a fortnight, upon the security of which I stayed in London. He 
was extremely blamed for deferring it, and might, if he had pleased, at 
first have gone direcdy to Oxford, where a great many of the Fellows, 
upon the news of the designed Restoration, were come already, and the 
King knevs' nothing but that he had before this time obeyed his orders 
and restored the College. But thus it happened. The King, designing 



16SS, 



AND KING JAMES 11. 



to have on Monday, the 27A of October, a great assembly of the Lord- 
Bishops and Personoges of great quality, dignity, and office, to satisfy 
them, and by thern the whole Nation, about the legitimacy of his son, the 
Prince of Wales, and to obviate and confound the villainous and diabolical 
slander, which was most maliciously S|)read abroad among the people hy 
bis im|)lacable enemies, who were then designing his overthrow and 
deposition, that it was a supposititious child, amongst others took a 
particular care that the Bishop of Winchester, of whose loyalty at that 
time his IMajesty had a very good opinion, should be sent for to be 
present, and an Express was sent to hira accordingly to Farnham, but 
he being gone thence to Oxford, the Express went after him, and 
delivered him the King's Letter for his appearance in the Council 
Chamber on Monday^. lie, not knowing the meaning and reason 
of the King's order, delivered to him on Saturday night, v/as resolved to 
be gone the next morning for London, without restoring the College. 
The Fellows hearing of his intended sudden departure, went to St. John's 
College, where his I^ordship lodged, and importuned him to restore them 
that morning, that the whole might be done in an hour or two's time, and 
upon his refusing to comply with their earnest request, they used very 
rude expressions and behaviour toward him, which put my Lord into a 
very grievous passion, and he made his coachman drive away, as some of 
the Fellows told me. 

(fiobbctt, col. 27, 28.) 

297. 

1688, Oct. 21. Letter from the Hon. Leopold WilHam Finch, 
Warden of All Souls. 

' Fie, Mr. G. Clark, shewed me too, (W. Finch, Warden of All SoulsVs 
Letter to him of the twenty first of October, 16S8, giving an account 
of a iMessenger coming to Bishop Alews, at nine the night before, when 
the Bishop was in bed, with an order from Sunderland to the Bishop to 
be at the Council on the twenty second at ten in the morning, upon 
which the Bishop set out on the twenty first, without restoring the 
Fellows of Magdalen College, though he was come down on purpose 
for it. No cause was mentioned in the order, but it was a general one 
to all the Council to be present at the enrolling the depositions of the 
Birth of the Prince of Wales. The messenger had gone to Farnham 
and thence followed the Bishop to Oxford. The King, when he saw the 
Bishop in London, asked him if he had restored the Fellows, and, finding 
that he had not, was very angry and sent him down to do it on the 
twenty fifth. The Prince of Orange's Fleet was driven back by a storm 
on the twenty first. So King James could have no notice of it to recall, 
as is pretended, the order he had given Bishop Mews to restore the 
Fellows. T. Carte/ {Carle s Original Papers, vol i. p. 272.) 

* The following is probably a copy of the Circular Letter which Sunderland wrote 
to the Bishops at this time : — 

' The Earl of Sunderland to the Archbishop of Canterbury, Whitehall, Oct. 20, 16SS. 

* My Lord, the King commands me to acquaint your Grace, that he desires you, and 
such others of my Lords, the Bishops, as are in Town, should attend him upon 
Monday next, at ten in the evening [?j I am, &c. 

Sunderland, P.* 



I 

f 



I 



256 



MAGDALEN COLLEGE 



1688. 



298. 

1688, Oct. 22. Continuation of D^. Thomas Smith's Diary. 

On Monday ((3ct. 22) about one o'clock in the afternoon, I spoke to 
him (Bisliop INIews) in the Gallery at \Miit(^hall, and asked his Lordship 
when he \\ ould return to Oxford ; he said on Wednesday. That after- 
noon I hired a couple of horses and a man, and went to Beaconsfield 
that night, and the next day (Oct. 23) to Oxford. The Bishop 
thither on Wednesday the 24^^, and restored the College the next day in 
the morning, being the 25^^ 

{Cohhctt, col. 78.) 

299. 

1688, Oct.-Nov. Letter from Tramallier. {See No. 201.) 

'Jesus College, 
" Nov. I, 168S, 

'It is now about a twelve-month, that I writ to my Lord an account 
of the Visitation at Magdalen College, and the Ejection of that Society ; 
I suppose his Lordship will not be displeased to hear of their Restaura- 
tion, and therefore if you thinck it fitt, I shall desire you to read this to 
him. On Saturday last was sennight the Bishop of Winchester, as being 
Visitor of the College, in pursuance of an Order from the King forthwith 
to resettle the Society of Magdalen College, came hither ; he was attended 
into the Town by above three hundred {persons on horseback, mo.-t of 
tliem Scholars, and six or seven coaches, full of Noblemen and Doctors. 
The Solemnity was to be performed [the day] following; but to our 
great amazement his Lov. was gone on Sunday morning; it seems there 
came a Messenger from Court to summon him to the Council, to be 
present at die business of the Prince of Wales, as it appeared afterwards. 
But on the Wednesday in that week he came again; and the day follow- 
ing after Morning-Prayer in the Chapel, and a speech made to him by 
one of the Doctors of the House, producing the King's letter he com- 
pleated the Resettlement. Things were put. in statu quo; only IM^. 
Charnock was left out. And thus by the Providence of God, and up.on a 
revolution of affairs, that honest and stout Society, which was designed 
to be the praeludium of further attempts, was restaur'd within the compass 
of about a year to its full Rights and proprety; having first seen that 
illegal anti-Church-of-England Court, by which they had suffer'd, fully 
dissolv'd. The Bi-hop went for London, being to attend his Majesty to 
the Field. IM^. Walker, it is sayd, is going to resigne up his Headship of 
University; his Disciple, we hope, will follow his steps herein hkewise at 
Christ Church.' 

300. 

1688, Oct. Account of the Restoration. 

On Tuesday the i6th of October was fixed upon the College gates 
and Chapel-doors a Citation from the Bishop of Winchester in Latin 
(and not injudiciously, lor the mother-tongue would havv^ been fitter for 
babes than scholars) to re-call D^. Hough, the former fellows, Demies 



f 
I 



1688. AND KING JAMES 11. 257 

etc. by the Second of November following, which Citation was guarded 
by Robert Gardner, late Porter, who, as he first left the College, was the 
first who returned to it. But' this Citation according together with the 
Bishop's mind, being altered according to a second information, he, their 
Restorer, as well as Visitor, was sooner received, viz. on Saturday, 
October the 20^^ (no doubt for his I^Iaster's sake) more like the King 
than his Representative, which gave so great satisfaction to the people 
that their joy ran over, the rnusic of the bells being outdone by hums 
and hui^zas. Thus being attended by more than three hundred gentlemen 
on horseback and in several coaches, as also by an innumerable company 
of spectators on foot from IMagdalen College to his Lodgings at S^. 
John's, he received his first general salute. 

But this sunshine was soon eclipsed, for the next morning by seven of 
the clock he was remanded by an Express to wait upon, and pay a visit 
to, his Majesty. This was very pleasing to some Roman Catholics, 
who, what they wished easilv believed, viz. that the King had recalled the 
Commission as well as the Commissioner. 

{^Cobbcit, col. 109, 110.) 

301. 

1088, Oct. Continuation of Thomas Smith's Diary. 

In the Pamphlets, which were soon after publi:^hed, giving an account 
of the Revolution, and in order to the justification of the wickedness and 
NilJainy of it, this accidental delay of our being restored, v.hich is wholly 
to be imputed to the Bishop of Winchester, is horribly misrepresented, 
particularly by Mr. Bohun, and afterwards by M'*. Tirryl, and by the 
whole litter of envenomed lying scribblers, upon this idle, ab>urd, and 
forged pretence, that in the Post just before the Bishop was sent for back 
there came news 'that the Dutch had on the i6tli of the said month 
suflered much in a storm, and that they would not be able to sail until 
the Spring, and that therefore the Bishop of Winchester was commanded 
to desist, and the order given to him for restoring '.he College was 
revoked,' which was a horrible lie, the King knowing nothing all the 
while but that the College had been restored before he sent for the 
Bishop to be present in that august assembly, which was the only reason 
he was sent to, and not in the least to hinder or defeat the restoration of 
the College, as those villainous writers have most falsely and wickedly 
asserted. 

{Cohbctl, col. 78, 79.) 

302. 

1688, Oct. The Delay in the Restoration. 

(On the subject of the Restoration of INIagdalen College Kennet has 
the following passages.) 

* It soon appeared how liitle the Nation was to depend upon these 
hasty and forced concessions of the King. On Oct. 16, the i^ishop of 
Winchester caused a Citation to be tixed on the gate of iMagdalen 
College to recall D^". PIouL^h and the former Fellows of that Society by 
the Second of November following, but an account coming that very post 

s 



MAGDALEN COLLEGE 



1688. 



that the Dutch Fleet had suffered very much in a storm, and that they 
would hardly be able to put to sea ap;ain till the Spnng, the Bishop upon 
a frivolous pretence was recalled to London, and the Restoration of the 
College deferred. Yet soon after, that news being contradicted, and the 
Dutch Fleet rc]X)rled to be in a sailing posture, the affection to the 
Church of England revived, and so the business of the College was 
etTected on the 25^^^ of that month. This passage is the more remarkable 
because it lost King James many friends, and lessened him in his 
character and interest, as if his politics were to change with the wind, and 
as news varied he v.as playing fast and loose with his sul>jects. 

'One of the now Fellows of INIagdalen College^ becoming afterwards 
Rector of Slymbridge in the County of Gloucester, published a sermon 
on S*. Barnabas Day in 17 13, in the prefiice whcreunto he tells us : — " I 
happened to be Fellow of jNIagdalen College, — when their blind and 
greedy zeal began with some of the Heads of the University, and a 
Society thereof. — All the rest must soon have taken their turn likewise 
out of their freeholds, had there not been a Protestant wind. Thereby 
hangs a tale, which hath not been told publicly, that I know of; and I 
think it not unseasonable to tell it now, that we may thence learn how to 
trust Popery another time. When the Prince of Orange, our late 
Sovereign of glorious memory, was almost ready to embark, a kind of 
general intimation was despatched after us to return from the several 
counties whither we were sent a grazing: — But when some of us were 
come back within four or five hours of the University, a certain notice 
was sent us on the road, that v/e need not make much haste, for that the 
wind was changed at Court. But when after some few days, it was 
feared again that the Prince would shortly arrive, we might go forward, 
and the Bishop of Winchester (the local Visitor) was sent down to 
reinstate us in our College : But his Lordship had scarcely refreshed 
himself, before a Courier came, and beat up his quarters, and required his 
return to Court, without restoring us to our own again. Though it v.as 
done at last, when there was a Protestant, or rather Providential, wind 
^gain.'" {Cobhett, cob 112.) 

Hume admits that ' an Intelligence arrived of a great disaster which 
had befallen the Dutch Fleet — it is commonly believed that the King 
recalled for some time the concessions which he had made to INLigdalen 
College/ {Cobbdi, col. 108.) 

In order to prove that King James did not upon the disaster v/hich 
befel the Prince of Orange's Fleet upon its first sailing, design to retract 
his concessions respecting Magdalen College, i\PPherson has inserted in 
his ' Original Papers ' some passages from the I\ISS. of D^. Smith, and he 
subjoins to these the following Articles : — 

A Letter from the Bishop of Winchester, Visitor of Magdalen College, 
throws further light on a subject, for which James has been without cause 
much blamed. But though that Prince was guilty of an act of folly in 
depriving the Fellows, he appears to have known nothing in the delay of 
their being restored. 



^ William Cradock. See I^egisicr of Demies, vol. iii. p. 12. 



I 

Jl 



1638. 



AND KING JAMES II. 



The Bisliop of Winchester to the Archbishop of Canterbury. 

]\Liy it please your Grace. I intend tomc>rrow to set forward for 
Oxford, and ordered several of the I'ViIows to meet me there on Tuesday 
and Thursday at die fardicst, thou;^h I have not seen or heard of the 
President. But about two of the Clock I received the enclosed order, 
which stops iny journey for tl;ie present ; and I shall accordingly issue 
forth my Citation. All people's mouths are now full of praises for our 
Order, to whom they say they shall ever owe the preservation of our 
Religion. 1 beg the favour of your Grace's commands, which shall 
always be obeyed by your Grace's obedient Son and Servant, 

P. Winchester. 

Foniham Casile, Oct. 14, 1688. 

The delay in restoring the Fellows has been invariably brought as an 
irrefragable proof of James's design of retracting his concessions upon 
hearing that the Prince of Orange had been brought back by a storm. 
This storm certainly happened not till a day or two after Sunderland 
wrote the official letter, \\hich brought the Bishop of ^Vinchester so pre- 
cipitately to London. Though the folly of James merits no favour, his 
misfortunes ought to command justice. 

{Cobbei/, col. io6, 167.) 

Burnet states, ' an order was sent to the Bishop of Winchester to put 
the President of INIagdalen College again in possession, yet that order not 
being executed when the news was brouglit that the Prince and his fieet 
were blown back, it was countermanded, which plainly shewed what it 
was that drove the Court into so much compliance, and how long it was 
like to last\' 

{^Ilislury of the Reign of James II!) 

* Dr. Routh's noie to the above. 
'The Bishop of Winchester assured me otherwise. S. Even Hume in his History, 
in the reiga of James 11'' speaks of the common belief that, as inlelliL;ence arrived of 
a great d"i aster having belallen the Dutch Fleet, the King recalled for some time the 
concessions, which he had ordered to be made to ^^ngdalen College." See also Har- 
grave's Sfafe Tn'ah, vol. iv, p. 2>>2. But the extracts from the papers of D"". Thomas 
ISmith, and a Letter written by D'". Finch, Warden of All Souls College, attested by 
Carte, in Macpheison's Original Papers, vol. i. p. 273, and now preserved in Worcester 
College Library, proves that the Bishop of Winchester, who had arrived in 0.\.ford tor 
the purpose 01 restoring the College, was recalled cn the 20'^ of October,, by an Order 
from Lord Sunderland to attend the Privy Council on the 22**, when the Depositions 
concerning the Birth of the Prince of \Valcs were taken, and ordered to be enrolled. 
But the Prince of Orange's Fleet was driven back by a storm on the 21"^^, which com- 
menced the night of the as appears from Bishop Burnet's account of it, and from 
various other documents. The King is said to have been before this time much dis- 
pleased at finding that his directions to reinstate the Society had not been executed, 
and. to have sent the Bishop, who appears to have been previously very slow in his 
motions, to Oxford for the purpose. The College was restored by him on the 25'^, 
exactly a year after the President had been ejected. Consult Macphcr^on's History cf 
Gnat Britain, vol. i. p. 518. Ralph indeed at p. 1023 of his Hi^io>-y assigns as the 
rea-on of his delay in restoring the College, the news, which arrived not of these, but 
of the former contrary winds and tempestuous weather mentioned- by the Bishop. Now 
it appears that the news of this bad weather happening to Admiral Herbert's fleet, 
together with tlie Order made on the 12''^ for resettling the ColleL:e. are inserte'-i in the 
same Gazette. October 15. and the Bishop of Winchester went to Oxford for the pur- 
pose of executing it.' (^Routh's Edition oi Bttr net's Hist, of Kin^ James II, 1S52.) 

S 2 



MAGDALEN COLLEGE 



less. 



303. 

1688, Oct. 24-25. Account of the Hestoration. 

On Wednesday, Oct. 24, we were well satisfied that tlie King had more 
kindness for our Church, than to ansvver the expectations of certain 
Roman Catholics, on which day the Vi.sitor, having before paid his 
obedience to the Kirjg, privately surprised, and condescended again to 
visit us. 

On Thursday the 25^^ of October, about ten in the morning he made 
his first visit to Magdalen College, the President, Fellows, Demies etc. 
attending upon and answering him in their formalities. At his entrance 
into the Choir, having heard an excellent congratulatory speech from 
\y. Bailey, he performed Divine Service ; so, devoting himself first to 
God, he proceeded to execute his office as Visitor, the prologue to 
which was in short to this effect : — 

* That since his Majesty of his gracious clemency was pleased to 
commission me to restore you, the former proprietors of diis Found.^.tir^n, 
in obedience to this command I am come to reinstate you accordingly, 
resolving to do it legally and statutably.' 

From the Chapel they adjourned to the Hall, where his Lordship, not 
without great applause, made an incomparable speech, a very seasonable 
piece of advice, consisting chiefly of loyalty and unity, by which he 
merited as great a trophy for his learning, as he did before for his 
courage. 

Then calling for the College Statute Book, the Statute for Visitation 
was read ; after which calling for the Buttery-book, and tearing out the 
last, week's names of the Roman Catholic Fellows etc., he gave orders 
to re-inscribe all the old ones except Mr. Charnock and two Demies ^ who 
had been preferred since to other Fellowships. Then calling them over in 
order his Lordship published and declared D*". Hough to be the Hc-ad 
or President, and the rest the true legal and statutable r^Iembers of the 
Fouidation, and none others; for wliich good service D^. Hough, one 
whc might plead the best desert as well as propriety to this Presidentship, 
on behalf of the rest, returned his Lordship a handsome compliment in 
a short but pithy speech. 

From hence his Lordship was conducted to the President's Lodgings, 
where was provided a splendid entertainment, D^. Hough thereby show- 
ing as great respect to tlie King's Commissioner as he could have done 
to himself. 

In the evening the bells expressed the people's satisfaction. Bonfires 
in the Town added great pomp to tliis Celebration. 

Having now bid farewell to ?.lagdalen College his Lordship was on 
Friday and Saturday at Corpus Christi, New College, and Trinity, v.ho 
paid their respects to him in three splendid entertainments. On Sunday 
he was entertained with tv/o University Sermons, a repast for his soul, 
as the others for his body. The next morning he departed homewards 
having received ample testimony of the University's loyalty and generosity. 

{Colbctt, col. no, III.) 

* WiUiam Sherwin, elected Fellow of Merton 14 June, i6S3 ; Her4ry Levett, elected 
Fallow of Exeter College 30 June, i6i)8. 



J 



1G83. 



AND KING JAMES II, 



261 



304. 

1688, Oct. 27. Letter from D'". Thomas Smith to Sir William 

Haward. 

.... The Bishop of Winton came hither on Wednesday afternoon, 
and just lighted at tlic College Gate, where we were all to receive him, 
and went direcdy to the chapel, telling us in brief that the next morning 
he would come down and restore us. 

On Thursday morning (Oct. 25^^) between nine and ten, we received 
him, being in his Ej)iscopal habit, according to his appointment, in our 
formalities at the Colk. c Gate, and so attending upon him to the Chapel, 
one of the senior PVllov/s harangued him in a Latin Speech. After 
wl.uch he read the King's Order directed to liim, to restore the College, 
which, after the finishing of the morning Service, which was performed 
very solemnly, he read a second time, and then proceeded to the Hall, 
\vliere, after some little pause, he called for the Buttery Book, and struck 
out the names of all the Papist Fellows and Demies, Charnock not 
excepted, and then called over our names, which he commanded to be 
inserted in the next blank page, w horn he pronounced to be the only true 
and lawful members of the Society. One I^I^. Jenefar and ^V. Pliggons, 
formerly Demies, and made Fellows by the Commissioners, are continued 
only as Demies, in which the Visitor did very prudently, though some of 
our Sparks and Hotspurs were troubled at it. I'his done, the Bishop 
made a Latin Speech, every way becoming his function and character, 
which some hare-brained Fellows have forgotten already, and so he 
adjourned the Visitation till the next morning. 

There was an extraordinary great dinner prepared for him in the 
Lodgings, where was the Vice-Chancellor, with all the noblemen resi- 
dent in the University, with several Heads of Houses, the bells ringing 
all day, and at night great numbers of bonfires, the like to v.-hich I never 
saw her i before at any time. 

Yesterday morning (Oct. 26) little was done but the reading the King's 
Letter to the Visitor to allow fourteen days for the removal of such as 
came into our places ; about seven of which Fellows and Demies con- 
tinue either in the College or Tov/n, and to whom we have ordered, by 
the Visitor's direction, two dishes of meat every day during their stay by 
way of a present. 

This morning (Oct. 27) we had again the Visitor, who caused an act 
or instrumicnt of the whole proceedure to be read by his Secretary, who is 
a Public Notary, which is to be engrossed; and then dissolved the 
Visitation. 

I say only in short that never was Visitor received v/ith greater joy or 
with greater honour. I am convinced already by some men's intolerable 
insolence that there will be a very ill use made of this surprising revolu- 
tion. I write this in my cham.ber here in the College, intending, God 
willing, to be in it this night, having procured a bed &c. 

{Aubrey s Lt'dcrs zvriitcn by Eminenl Persons j vol. i. pp. 48-50.) 



252 



MAGDALEN COLLEGE. 



1688. 



805. 

1688, Oct. 25. ISfegotium Visitationis Ccllegii B. M. Magdalense. 

Die Jovis, vicesimo quinto die mensis Octobris, anno Domini mi- 
Icsimo sexcentesimo Ocfogesimo Octavo, inter horns decimamet primam 
ejusdem diei, in capella infra Collegium Beatse Maria) Magdalenae in 
I- niversitate Oxon: coram Reverendo admodum in Christo Patre ac 
Domino Dno Petro, pcrmissione Divina Winton: Episcopo, Visitatore 
vero ct legitimo, ad inclioandain et exercendam visitationem suam 
infra dictum Collegium in praisentia mei, Patricii Roberts, Notarii 
Publici : 

Quibus diei boris et loco, dictus Reverendus Pater, in Capella dicti 
CoUegii, exhibuit quasdam Literas ex IMandato Regio sibi dircctas, 
quarum Liierarum tenor sequitur et est talis : — 

The superscription, ' To the Right Reverend Father in God Peter, 
Lord Bishop of Winchester.' 

Whitehall, ii*^ October, i68S. 

My Lord, 

The King having declared his resolution to preserve the Church of 
England and all its Rights and Immunities, his ?vLajesty, as an evidence 
of it, commands me to signify to your Lordship, his Royal will and 
pleasure that as Visitor of S^. Mary Magdalen College in Oxford, you 
settle that College regularly and statutably. 

I am, my Lord, your Lordship's most faithful and most humble Servant, 

Sunderland P. 

Quas Literas publice altaque voce legit ; tunc dictus Reverendus Pater 
prorogavit et continuavit visitationem suam (immediate scilicet post 
sacra Divinorum solemnia peracta) in Aulam publicam dicti Collegii, et 
monuit omnes et singulos, viz. Pra^sidentem, Vice-Prxsidentem, Socios, 
Scholares, Presbyteros in Capella ministrantes, clericos, servientos, omnia- 
que alia ejusdem Collegii membra, ut tunc et ibidem interessent. Quibus 
sic in aula congregatis, dictus Reverendus Pater Statutum de Visitatione 
dicti Collegii, in praisentia dicti Proesidentis aliorumque Sociorum, 
Scholiarum etc. comparentium, a me, Notario Publico, publice periegi 
fecit. Quo facto dictus Dominus Episcopus mandavit libros quosdam, 
quos vocant ' The Buttery Books,' sibi adduci ; quibus inspectis, et 
quam plurimarum personarum nornina in illis inscribi compertos, contra 
statuta, ordinationes, et laudabiles constitutiones, dicti Collegii, omnium 
et singulorum eorum nomina cruce notari et penitus expungi (virtute 
Region auctoritatis et propria sua potestate visitatoria), ex libris pra^dictis 
mandavit et fecit, eosque omnes a dicto Collegio in perpetuum amoveri 
decrevit, necnon omnium et singulorum dicti Collegii membrorcm, Prae- 
sidentis scilicet, Vice-Prcesidentis, Sociorum, Scholarium, Presbyterorum*, 
Clericorum, Servientium, et quorumcunque aliorum membrorum nomina 
ad dictum Collegium secundum statuta, ordinationes, et laudabiles con- 
stitutiones pertinentium, in dictis libris, vocatis ' The Buttery Books,' 
inseri et inscribi jussit et fecit, ut sequitur ; viz. 

D^. John Plough, President, 



1688. 



AND KING JAMES IT. 



Fellows. 



Dr. Charles Aldworth, V. : 

Henry Fairfax. 
D^. Alexander Pudsey. 
D^'. John Younger. 
D^. John Smith. 

Thomas Smith. 

Thomas Baylie. 
Dr. Thomas Stafford. 
Mr. Charles Hawles. 
Mr. Robert Almont. 
IMr. Mainwaring Hamond. 

John Ro'jers. 
Mr kichard Strickland. 
Mr. 

I\Ir, Francis Smith. 
Mr. Edward Maynard. 
Mr. Henry Dobson. 
Mr. James Baylie. 
Mr. John Davis. 

Mr. Thomas Holt. 
INK. Saniiiel Cripps. 
Mr. Samuel JcULlar. 
]\Ir Richard Adams. 
INIr. Robert Standard. 
Mr. Richard Vescy. 
Mr. Charles Goring. 
Mr, John Brabourne. 
]\Ir. George Stonehouse. 
Mr. La^vrence Hyde. 
Mr. George Woodward. 
Sir Richard Watkins. 



I\lr. Francis Bagsliaw. 
Mr. John Hickes. 
INIr. Jasper Thompson. 
]\Ir. James Fayrer. 
Mr. Joseph FJarwar. 
Mr Thomas Bateman. 
Mr. George Hunt. 
]\rr. William Cradock. 
]\lr. John Gilm.an. 
Mr. George Fulham. 
Mr. Charles Pcniston. 
Mr. Thomas Goodwin. 
Mr. Robert Hyde. 
Mr. Edward Ycrbury. 
IMr. Robert Holt. 
Mr. Robert Thornton, 
Mr. Henry Holden. 
Mr. Stephen Weelks. 



Mr. Thomas iMaunder. 
Mr. Henry Holyoake. 



Demies. 

Sir Daniel Stacey. 
Sir John Kenton. 
Sir .A[;iximilian Bush. 
Sir Bernard Gardiner. 
Sir Charles Alien. 
Sir Charles Livesey. 
Thomas Higgons 
Theodore Wells. 
Benjamin ]\raunder. 
W'iUiam Bayley. 
Samuel Adams. 
Harrington Bagshaw. 

Chaplains. 

Mr. Thomas Browne. 
]\Ir. Francis Hazlewood. 



Schoolmaster. 
Mr Thomas Collins. 

Usher. 
Mr. Richard Wright. 



Stephen Nicholls. 
Charles Morgan. 
John Smyth. 
Matthew Lidford. 



Steward. 
Mr. James Almont. 

Organist. 
Mr. Francis Piggott. 

Clerks. 

William Flarris. 
John Basset. 
Thomas Ryaley. 
Thomas Williams. 



i 

I 



264 



MAGDALEN COLLEGE 



1688. 



Choristers. 

Samuel Eroadburst. Edward Clerk. 
1'homas Yalden. Prince. 

Charles Wooton. William Iniiis. 

Richard Boss. Robert Wordsworth. 

Thomas Price. Miles Stanton. 

John J3owyer. John James. 

Thomas Turner. John Stubhs. 

John Shuttlcworth. Richard Wood. 

Servanls. 

Richard Kilby, Butler. Robert Gardner, Under Porter. 

Richarfl Painter, Mid. Cook. pAlward Beasley Under Cook. 
John Prince, Brewer. Daniel Yeate, Cook. 

Dye, Groom. 

Quos omnes et singulos, Pra}sidentem scilicet, Vice-Prassidentem, 
Socios, Scholares, CL-ricos in Capolla Scrvientcs, c?elero£que in CoUcgio 
prjcdicto ministrantes, in eodem modo et forma prout superius scribuntur 
diclus Reverendus Pater sola vera ct legitima membra ejusdem CoUogii 
Beatae MariL\i r^Iagdalenx in Oxon: secundum statuta, ordinationcs, et 
laudabiles constitutiones ejusdem, ad omnem et qucmcunque Juris et 
Statutorum Fundatoris effectum, pronunciavit, decrevit, et declaravit, 
super omnibus quibus requisivit me, Notarium Publicum, ad conficiendum 
hunc pn.blicum instrumentum. Ita lestor, Pat. Roberts, N. P. 

Memorandum. His Lordship having received a Letter from the Right 
Honourable the Earl of Sunderland, one of his ^lajesty's principal Se- 
cretaries of State, by his Majesty's command, as foiloweth. viz. 

Whitehall, 13'^ October, 16S8. 

My Lord, 

The King commands me to signify to your Lordship that he thinks 
it reasonable that a fortnight's time should be allowed to the Gentlemen, 
now of St. Mary Magcialen College in Oxford, to remove in ; and his 
IMajesty would have your Lordship give order therein accordingly in 
your Visitation. 

I am, my Lord, your Lordship's most fauhful and most humble Servant, 

Sunderland P. 

Lord Bishop of Winchester. 

His Lordship accordingly communicated the said Letter to the Pre- 
sident and Fellows, who most readily and willingly obeyed his Majesty's 
comimands, and allowed fifteen days' time to the Gendem.en mentioned 
in his Lordship's Letter to remove in, together with all suitable provisions 
during their stay for so long a time. ( V, P. Reg. 

Visitationis Irnpensce ex Lihro Co?7ipiili\ a.d. 1688. 

Solut. Musicis in x\ula ad diem Restaurationis IVIagdalen- 

ensium in Visitatione Dni Episcopi Winton: £.2 o o 

Solut. pulsantibus campanas bis diebus Advenius Episcopi 
Winton: die restaurationis ^Magdalenensium, et in 
Festo Proditionis die quinto Nov: £200 



1 



1688. 



AND KING JAMES II. 



265 



Soliit.pul.santibus camp-anasdicOct. 25^010 TcmploB.lNIariae £0 10 

Solul. Episcopo Wintonicnsi pro sua Visitatione £5 o 

List of names on tho Buttery Book 20 Oct. 1683, Crossed 
by the Visitor Oct. 25. 



X M'^. Pluses, Bonaventure 

Gifford. 
X Vice-Praises^ George 
Plowden. 
D'". John Younger. 
Charles Ilawles. 
X INI'". William Joyner. 

IMi". Jasper Thompson. 
X IM^ Samuel Jenefar. 
X IM"". Robert Charnock. 
X i^r^ Job Allibon. 
X iM^. Thomas i Jiggons. 
X D^. Richard Compton. 
X Thomas Fairhix. 
Philip Lewis. 
IMr. Alexander Cotton. 

1'homas Gilford. 
Mr. John Dryd. n. 
AK. Lawrence Wood. 
INK. John Rosse. 
iMr. Ambrose Belson. 
Mr. John Christmas. 
Mr. Robert Chetllcborrow. 
I\rr. Thomas Constable. 
Mr. James Gierke. 
Mr. John Dcnham. 
Mr. John Woolhouse. 
Mr. Stephen Galloway. 
Mr. Francis Hungate. 
Mr. Richard Sliort. 
Mr. John Ward. 
Mr. Andrew GitTord. 
Dr. Robert Jones. 
i\Ir. Hawarden. 
Mr. Ralph Clacton. 



Tvlr. Charles iMoro^an, Clerk. 
Mr. John Smyth^Clerk. 
Sir John Bassett, Clerk. 
Thomas Williams, Clerk. 

X John Shutdeworth, Chorister. 



William Innis, Chorister. 
Mr. James Almout, Steward. 
Mr. 'Phomas Collins, School- 
manner. 
Mr. Ramett. 

(Thomas) Smbbs, Manciple. 
(Richard) Kilby, Butler. 
(] )aniel) Yate, Cook. 
(|olm) Prince, (Brewer). 
(Richard) Painter. (Middle Cook.) 

La\ington (Porter). 

Dye (Groom). 
(Edward) Beasley, (Under 

Cook"). 



^ Mem. I discovered the okl Buttery 
Book in the Muniment Room in a very 
dilapidated state, wiih many of the pages 
torn out — but the Restoration pages entire. 
The first ten names of the intruded Fellows 
(except D*". Younger) are crossed one by- 
one, and then by one single enormous cross 
all the rest are marked. I had the Buttery 
Book newly bound. — J.R.B. 

307. 

Translation of Father Con's Letter to the Provincial of the 
Jesuits at Home ^ 
Honoured Father William, London, Dec. 10, 1688. 

There is now an end of all the pleasing hopes of seeing our holy 
religion make a Progress in this country. The King and the Queen 

' Probably Alexander Conneus, Scotus, F.S. J. See Records of the Eiiglish Province, 
Collectanea, p. S80. 



I 



( 



266 



MAGDALEN COLLEGE 



16S8. 



are Hod, their adherents are left to themselves, and a new Prince v iih 
a foreign army has got possession without the least resistanec. It is 
a thing unseen, unheard of, and unrecorded in history, that a King in 
peaceful possession of his realm, with an army of thirty thousand 
fighting men, and forty sliips of war, should quit his Kingdom without 
firing a pistol. The foreigners themselves, v.ho have got possession, are 
astonished at their own success, and laugh at the English for their 
cowardice and disloyalty to their Prince. It looks as if Heaven and 
Karth had conspired against us. But this is not all : the great Cs il 
comes from ourselves : our own inii)rudence, avarice, and ambition, 
have brought all this upon us. Tfie good King has made use of 
fools, knaves, and blockheads: and the great minister that you sent 
hither has contributed also his share. Instead of a moderate, discreet, 
and sagacious minister, you sent a mere boy, a fine showy fop, to 
make love to the ladies. 

'High praises, mighty trophies you ha^c won \' 

Put enough on this head, my dear friend ; the whole affair is over. 
I am only sorry that I made one among so many madmen, who were 
incapable either of directing or governing. 1 now return, as I can. 
with the little family to a land of Christians : this unhappy voyage cost 
me dear ; but there is no help for it. The prospect was fair, if the 
business had been in the hands of men of sense, but to our disgrace 
the helm was held by rogues. I have already [>aid the com.pliments 
of the new year to our Patrons, and I now do the same to }0U and 
to all friends. If God grants me a safe passage beyond seas, you 
shall hear further from me. I remain as usual, etc. 

P.S. A Scotch gentleman named Salter, who is arrived here v.ith 
Signior P. D. O. sends his respects to you, and Signior Tomaso. I'lie 
confusion here is great, nor is it known what is likely to be the issue, 
much less what it will be, but for us there is neither faith nor hope 
left We are totally put to the rout this time, and the Fathers of our 
holy company have contributed their part towards this destruction. All 
the rest, Bishops, Confessors, Friars, and Monks, have acted with little 
prudence. {Correspondence of Clarendon and Rochester^ vol. ii. p. 506.) 

308. 

A Letter from the Earl of Sunderland. 

After some preliminary lines he proceeds, — 'But to go on to what you 
expect. The pretence of a dispensing power being not only the first 
thing, which was much disliked since the death of the late King 
(Charles II'^), but the foundation of all the rest, I ought to begin with 
that, which I had so little to do with that I never heard it spoken of till 
the time of ]\IonmGUth's Rebellion, that the King told som.e of the 
Council, of which I was one, that he was resolved to give employment 
to Roman Catholics, it being fit that all persons should serve, who could 
be useful, and on whom he might depend. I think everybody advised 
him against it, but with little eflect as was soon seen 

^ ' Egregiam vero laudem et spolia aropla tnlistis' quoted in the Letter. 



1068. 



A.VD KIXG JAMES II. 



267 



Then the Ecclesiastical Court was set up, in v/hich there being so 
many considerable men of several kinds, I could but have a small part ; 
and that after Lav.yers had told the King it was legal, and nothing like 
the High Commission Court. I can most truly say, and it is well known, 
that for a good M hile I defended Magdalen College purely by care and 
industry, and have hundreds of times begged of the King never to grant 
Mandates, or to change any thing in the regular course of Ecclesiastical 
A flairs, which he often thought rea=-onable, and then by jierpetual impor- 
tunities was prevailed upon against his own sense, which was the very 
case of IMagdalen College, as of some others ' 

Lord Sunderland proceeds to ex{)lain the progress of the movement, 
and the Trial of the Bishops, and remarking on the expected coming 
of the Prince (of Orange) observes, * upon the first thought of his coming 
I laid hold on the opportunity to press the King to do several things 
which I would have had done sooner, the chief of which were to restore 
Magdalen Colkge, and all other Ecclesiastical Preferments, which had 
b.-en diverted from wluit thoy were ijiiendcd for, — to take oil my Lord 
Bishop of London's Suspension, — to put the Counties into the same 
hands they were in some time before, — to annul the Ecclesiastical Court, 
and to restore entirely all the Corporations of England.' .... 

lie then says, ' These things were done effectually by the help of 
some about the King, but that his acts engendered a hatred against him by 
the Roman Catholic Party, and that he was attacked by incessant violent 
libels, lost every p»osition he held. . . . and yet I thought I escaped 
well, expecting nothing less than the loss of my head, as my Lord 
IMiddleton can tell, and I believe none about the Court thought other- 
wise ^' (Lord Somcrs Tracts, vol. iii. p. 602.) 

Lingard's note upon Lord SrNDERLAN[)'s vindication. 

'In the spring of Sunderland published a vindicanon of hini?clf (Ccga)is 

Trar/s, vol. iii, i), in which he ackno\vledt;ed his error in consenting to form part of 
an administration so hostile to the interests of the countn.', but maintained that, in- 
stead of advising, he had always opposed those illegal and irritating measures which 
provoked the discontent of the people, and led to the expulsion of James. iJut the 
circumstances in which he wrote detract from his credit, and the despatches of his 
friend liarillon show that several of his assertions are false. 

' I5y the partisans of the exiled Prince he was charged not only with having advised 
and promoted the measures which deprived James ot his crown, but also with havmrj 
done it for that very purpose. But of the latter part of the charge there is no proof: 
and his conduct may be fairly explained by attributing it to his desire of gratifying 
the King, and thus acquiring power. This is the light in which it was considered at 
the Court, and by the foreign envoys. 

' That he was the pensionary of France is certain. The payments and acquitances 
are still preserved. In return he bound himself to communicate to the French am- 
bassarior whatever he might learn which could affect the interests of the French King. 

'That he also betrayed the secrets of the King to his enemy, the Prince of Orange, 
has often been asserted : the charge, though never fully proved, is not devoid of 
probability. 

' Barillon, on the disgrace of Sunderland, was careful to inform his Sovereign that 
the King did not believe that Sunderland had betrayed him. James in his memoirs 
appears to countenance the belief of his duplicity and treachery. 

'On the whole there can be little doubt that Sunderland, to secure the favour of the 
Prince of Orange^ bc'raxed to him, occasionally at least, the secrets of his Sovereign, 
iu violation of his duty and his oath.' 

^ See Macaulay's account of Lord Sunderland's dismissal. 



268 



MAGDALEN COLLEGE 



1C88. 



309. 

Tho King's Vindication of Himself ^ 

The Presidentship of Magdalen Cdlege in Oxford becoming vacant 
b}' tlie death of D^. Gierke, the King thought fit by his Mandate, dated 
the 11^^^ of April, 1687, to order their electing one Mr. Farmer, but the 
Fellows having exceptions against him, as not qualified according to the 
Statutes of the College, nor indeed of a moral life, they begged leave in 
a formal petition that the King uould please either to leave them to 
a free Election, or recommend such a person as might be miore service- 
able to his Majesty and to that his College. The King though not well 
satisfied with this demur, however was pleased to wave his former re- 
commiendation, upon what was urged against him, and by a fresh ■Man- 
date ordered them to elect the Bishop of Oxford; but the Fellows without 
waiting his i\[ajesty's pleasure, though they had begged it in tlicir 
pctiiion, proceed to an Flection, choose D"". Hough, and then m.ade 
haste to get the Bishop of Winton, their Visitor in Ordinary, to confirm 
him accordingly. The King was highly incensed at this proceeding, for 
to say nothing of their questioning his power of dispensing with the 
Statutes of a College, and a positive disobedience to his Mandate, there 
could not, he thought, be a greater insult oftered him, than in a sup- 
pliant manner to desire him to recommend another, and before it was 
possible to ha\e an answer, to elect one themselves, and then plead that 
Flection in bar of his Majesty's iMandate; for they made no other 
objection against the Bishop of Oxford, whom the King recommended, 
but that the place was full ; and their only excuse for making it so was 
that their time assigned by the Statutes would have elapsed, and that 
they were bound under an Oath to the observance of them : but it was 
urged against, that they knew very well that the King's IMandate implied 
an inhibition, that it was no new thing, and by consequence could not 
oblige them to deal so unmannerly with their Prince, nor did they them- 
selves conceive in the bottom they were under any such tye of con- 
science, otherwise some of the most violent and factious members 
amongst them, such as Di". Fairt'ax, Uie Vice President, D^". Pudsey, and 
Dr. Smith, would not have moved, as they did, to have a Second Address 
presented to His Majesty, and the Election suspended till the effect of 
that was known : but men who have ill designs are always in haste, and 
the true meaning of this mighty precipitation was not Scruple of Con- 
science, but to elude his Majesty's Power of nominating, and to make 
use of that occasion to get that prerogative to themselves, which had 
ever before been an inherent right to the Crown. 

While this affair was in agitation, the King made a Progress into the 
Northwest parts of England, after having conducted the Queen to the 
Bath, and in his return took Oxford on his way : so on the 4*^ of 
September he summoned the Fellows of IMagdalen College to attend 

^ The Life cf James the Secofid coUccicd otit of memoirs zi>rit of his civn kand. 
PuLlisheti from the original Stuart Manuscripts in Carlton House, by the Kev. J. S. 
Clarke. 2 vols. 4'°. 1S16, 



1G88. 



AND KING JAMES II. 



26g 



him, hoping by his presence and persuasion to mollify their stubborn 
S[>irits, and bring them to a more dutiful temper. He told them that 
hitiierto they had not used him like a Gentleman, but hoped upon more 
mature consideration, they would repair their former unduLifulness with 
their pres^jnt obedience in electing the Bishop of Oxford : — that it was a 
duly he expected from true members of the Church of En^^dand, and as 
he was w^illing to forget what was past, he hoped they were no less dis- 
posed by a ready compliance to blot out the memory of it likewise. 

His Majesty delivered this to them with something more warmth 
than ordinary, however it made no impression, and since they persisted 
in their stubborn resolution, the King thought fit to leave them to the 
Ecclesiastical Commissioners, who issuing out a Citation brought the 
matter before themselves, and after having heard their plea, and con- 
sulted the learned in both laws, they judged the ])retended J'dection null, 
and renewed the Mandate for choosing the Bishop of Oxford ; but the 
Eidlows disobeying that again, the Bishop of Chester, the Lord Chief 
Justice Wright, and P>aron Jcnncr were deputed to make a Visitation, 
who used all imaginable arguments to persuade a compliance, but they 
still persevering in their obstinacy, the Commissioners after hearing all 
parties installed the Bishop of Oxford by his Proxy, and then pressed 
the Fellows to submit to him now that he was in, though they would not / 
elect him themselves, which at firsc they seemed inclinable to, and signed 
a submission accordingly to the said Bishop of Oxford with this re- 
striction, viz. as far as was lawful and agreeable to tlie Statutes of the 
College. Though this salvo was harsh however, the Commissioners for 
peace sake were contented to admit it, and had the Fellows abided by it, 
the dispute had ended there, and they remained in the quiet possession 
of their Fellowships, but as if they were sorry they had shewn any dis- 
position to a healing and compliant temper, they came next day to 
explain their meaning with a downright equivocation, that by the word 
Submission they meant not to render any future obedience to the said 
Bishop of Oxford, but only that diey did not oppose or resist his install- 
ment. This shewed there was no compounding matters with these 
angry people, who sought not justice, but a ground of complaint by 
putting a necessity upon the Commissioners of punishing their dis- 
obedience, though even that was not hasdly done, for they went first to 
London to give a full account to his INIajesty how far they had proceeded, 
and found that his patience was yet proof against all these provocations, 
for he ordered them once more to tender a form of submission as 
favourably worded as possible, promising to forgive what was past upon 
their signing it, but they rejected all offers of accommodation, so that no 
other way remained but to quit their Fellowships, which all did excepting 
two, and therefore were not in reality turned out by the Commissioners, 
but by themselves, by refusing obedience to their then President. 

Nothing therefore can be more evident than that the King was hugely 
injured in this famous dispute which raised him so many enemies, and so 
much envy afterwards. It was far from his intention to dispossess the 
Church of England of this College. On the contrary all imaginable 
endeavours were used to persuade a compliance, and then not a man 
had suffered, and all their pretence of conscience had been avoided also, 



i 



270 



MAGDALEN COLLEGE 



3688. 



liad they waited an answer to their own request in their petition which 
the ino.st considerable Doctors made no scruple of; besides it was 
ridiculous to dispute the King's power in dispensing with the local 
Statutes of a College, which had been so frequently practised in former 
reigns, after it had been decided in his Majesty's favour that he ir. ight 
dispense with certain standing laws of the Land. Had they not therefore 
forgot the oath of allegiance amongst those they insisted so much upon 
they would not have been so refractory to a lawful command of tlk ir 
Prince, or so aice in admitting the King's dispensation with their rules, 
which they were easy enough in dispensing with themselves, for their 
own ease and convenience : otherwise, as the Commissioners told them, 
so much scandal would not have been given by the breach of that, which 
enjoins their being served only by men. 

There is no doubt but the King had done more prudently had he not 
carried the thing so far, but few Princes are of a temper to receive a 
baffle patiently in a thing they heartily espouse, or suffer their authority 
to be rendered precarious, when they concei\e it to be backed with Law 
and Reason; as all the Civilians as well as Judges assured his Majesty 
it was, and that the least failure of a College in any point forfeited its 
Grant, and laid it open to his i\Lijesty's disposal, so that if their usage 
appeared harsh, it was not his Majesty's primary intention, it was they 
who wilfully, not to say maliciously to raise envy, drew it upon them- 
selves, nor was it by consequence the King, as was clamorously said 
afterwards, that turned his Subjects out of their freehold to make room 
for Roman Catholics, on the contrary all imaginable industry and 
arguments were used to make them stay; but refusing to own their 
superior, they could not possess their Fellowships, which had so immediate 
a dependance upon him, so the whole argument turned upon this 
single point, whether they had power peremptorily to disobey the King's 
]\Lindate or no; if not, then the Bishop of Oxford was duly elected, and 
the Fellows justly secluded for not submitting to him, and their pretence 
of being bound to the contrary by their Oath was groundless, not to say 
seditious, for they could not swear to disobey the King's lawful autho- 
rity, and the Kings of England were never denied that of sending their 
I^Iandates when they thought fitting, and by consequence those Oaths 
or obligations only concerned them, when they were left to elect of them- 
selves, which shews it was a confederacy to be stubborn only to draw an 
odium upon their Prince. 

Not long after the Bishop of Oxford dying, and the King conceiving 
this College to be forfeited into his hands, and by consequence at his 
disposal, made the (R.) Catholic Bishop Gifford President of it, and 
filled up most of the Fellowships with (R.) Catholics, because few Pro- 
testants would accept them, but not many months after, the noise of the 
Prince of Orange's Invasion encouraging several Bi>hops to petition the 
King to restore it, he readily yielded to their request, when he found 
how grievously they resented what he had done ; but they attributing 
that compliance to fear, not good-will, took no care to make him repara- 
tion for the troubles they had brought on him by their resentment, and 
notwithstanding their mighty scrupulosity in m.atters of oaths, when their 
interest was engaged, made no difficulty, most of them at least, to re- 



i 



I 



1G88. 



AND KhXG JAMES II. 



271 



nouncc their uncontested oblig;ation of fulclity, to revenge a supposed 
invasion of their right wliicli the King liad yielded up again so soon, and 
which at best was but a disputable case. 

310. 

The Duko of Wellington and Magdalen Tower. 

*In 1834 I witnessed the installation of the Duke of Wellington as 
Chancellor of the University of Oxford. The Honorary Degree of D.C.L. 
being conferred on me I was affiliated to my old friend Pliilip Duncan, 
and most agreeai)ly located and hospitably entertained at his rooms in 
Exeter College by the eminent Professor Sewell. The Duke entered 
Oxford in an open carriage, accompanied only by M^. Croker, who 
informed us at the Exeter College dinner that the Duke on approaching 
Magdalen College asked its name. " That is Magdalen," was the reply, 
"against which King James IN broke his head," ' 

{^Reminiscc/icts 0/ Jlj.'iy }\urs, by I^ord Teignmouth, vol. ii. p. 142,) 

1688, Dec. 13. The King at Peversham. 

* He harangued on a strange variety of subjects, on the disobedience 
of the Fellows of Mai^dalon, on the miracles wrought by Saint Winifred's 
Well, on the disloyalty of the black coats, and on the virtues of a piece 
of the true cross which he had unfortunately lost.' (Macauiay^.) 

1G88, Dec. 17. 

* Both at P'eversham and now at Whitehall the King talked in his 
ordinary high strain, justifying all that he had done, only he spoke a 
httle doubtfully of the business of Magdalen College.' {Burnel.) 

1688, Dec. 12. Appendix to Gough, Hist, of Kent, pt. x. 

December 11, being Tuesday, diverse stage coaches were going to 
Canterbury. When they came to Boughton St. (Feversham .?) the persons 
therein hearing that Canterbury Gates were shut, and the inhabitants of 
the City in arms, they resolved to retreat ; one of which coaches came 
into Faversham, being Sir Thomas Jenner's and himself in it, who was 
the Judge of the Common Pleas, &c. . . . They would have hired a vessel 
here to have carried them over to France, but we retained them prisoners 
here, as justly expecting they were flying from justice. . . . The Prisoners 
were secured in the Town Hall, except the King who was sent back to 
London, and Sir Edward Hales, who on his departure was lodged in 
Maidstone Gaol. In the list of prisoners remaining at Faversham under 
a strong guard until the 30^^^ of December, and then conducted some to 
the Tower, some to Newgate, and others released, are 

John Leybourn, Bishop of Adrametum. 

Bonaventure GitTord, Bishop of ]\Iadura. 

Obadiah Walker, r\[asu,'r of University College. 

Poukon, INIaster of the School in the Savoy. 

Thomas Kingley, formerly Fellow of Magdalen College^ 

* See Letter printed in TinJal's Continuatioi of Napier. Also Ilarl. ?vfS 6853. 
- S<;e DcmUs Kc^uter, vol. ii. p. 286. Also Addcuaa, vol. iv. p. 418. 



272 



MAGDALEN COLLEGE 



1689. 



Charles Penyston. Extract from tho Register of Sandhurst. 

IMemoranrlurn, 1689. That the Vicarage of Sandhurst being void by 
the restoration of IM'. Charles Penyston to his Fellowship in Magdalen 
College, Oxford, IM^". Robert Niccolles, M.A., received a presentation to 
the said Vicarage by the Right Reverend Father in God Gilbert (Iron- 
side, Warden of Wadham College, Oxford) Bishop of Eristol, and was 
inducted into the same November 6tli, by Edward Fidkin, Vicar of 
Ashelworth. 

(This was entered apparently in ViJ. Nicolles' writing at the bottom of 
the Register entries for 1690, that is a year after his induction.) 

311. 

Sequel. 

1689. Extract from the Records of King's College, Cambridge. 

The year afier the Revolution D". Copleston, Provost of King's 
College in Cambridge, died. When the College thought they had a fair 
opportunity of recovering the right, which their Founder's statutes gave 
them, of choosing their own Provost, of which the Kings, their Founder's 
Successors, had long deprived them, they appointed the day of election. 
But in the meantime a false Broiher, by name HartclifTe \ rode up to the 
Court, and acquainted them that by the Provost's death a place was 
become vacant in the King's gift, hoping thereby to make some interest 
for himself, as it afterwards appeared. Soon after which came down a 
'Mandamus' to the College from the King to choose for their Provost 
Upman, a Fellow of Eton. In answer to this the College sent up a 
remonstrance, setting forth the Right they had of themselves to choose 
the Provost, granted by their Founder, his iNIajesty's Predecessor, in liis 
Statutes, which they hoped his r^Iaje^ty would not infringe, — much less 
impose upon them a man, that had reached to destroy that constitution, 
which his Majesty came in to preserve, for he had preached a sermon in 
Eton Chapel in favour of the toleration granted by King James's Procla- 
mation to Christians, in favour of Christians of all Denominations, 
Roman Catholics as well as Protestant Dissenters, which Proclamation 
was commanded to be read in all Churches, and the Bishops who pro- 
tested against it were sent to the Tower. I, who was then in the Sixth 
Form, was present at the sermon, and I remember w-ell that the Boys 
could not help observing in the faces of the Fellows and Masters, then 
present, scorn in some, and indignation in others. Upon this remon- 
strance the Court immediately dropped M^. Upman, but presently sent 
down a new ' Mandamus ' to the College to choose Sir Isaac Newton 
their Provost. In answer to w|nch the College represented that to choose 
Sir Isaac Newton would be to act contrary to their Founder's Statutes, 

* John HartclifTe was matriculated at ^tagdalen College, Oxford, as Servitor, 
29 March, 1667, aged 16, son of John Hartclifte of Windsor /'.t///. 

See Wood's (9x6V.'. (Bliss\ vol. iv. col, 790. Wilmot's Life of Llough, p. 50. 

Calamy, vol. iii. p. 125. Ashmole's Berkshire, vol. iii. p. aSo. NichoUs' AnccdoUs, 
vol. i. p. 63. Birch's Life of Archbishop Tillotson, p. 260. 

John HartclifTe died Canon of Windsor 16 Aug. 171 2. Le Neve, p. 255. 



» 

I 



I 



10S9. 



AND KIXG JAMES //. 



which expressly enjoins them to choose for Provost, one, that was, or had 
been, a moinber of one of his Roj al Foundations, either of Eton, or of 
King's, still insisting on their own right of choosing: lipon this the 
Government sent down a third ' Mandamus ' to ctioose INIr. Hartcliffe. 

* The College being aware that this Mandamus was coming, every 
ofFicer took care to be out of the way ; every Fellow's door was shut, and 
no one at home, so that when the messenger came, finding no one to 
delivt-r the Mandamus to, he laid it upon the Hail Table, from v>honce, at 
night, by an unknown hand it was thrown over the wall. Within a day 
or two after this, the Flection came on, when M^ Roderick, Upper 
INIaster of Fton School, had the unanimous votes of all the Electors but 
three, of which last Ilartclinfe was one ; and when this was done the 
College could not but be sensible that they had incurred the High Dis- 
pleasure of the Court, M-ho, they heard, threatened them with vengeance. 
Nor was the Person whom they had chosen duly qualified, for by the 
Statutes he ought to be in orders, and a Doctor, neither of which vv-as M^. 
Roderick. J]ut this was soon rcciitied, for the University at the inter- 
ce>sion of the College immediately gave him a Doctor's Degree, for 
which he was to perform his exercises in the following term, and the 
Bishop of Rochester, D^ Sprat, gave him private ordination at West- 
minster, assisted by D^. Annesley\ Dean of Exeter and Prebendary of 
Westminster, as he, our Dean, himself told me ; and then to defend 
themselves in case of a lawsuit, with which they were threatened, the 
Society passed a vote that there should be no Dividend till die lawsuit 
was at an end, and if that should not be sufficient, next to convert all the 
College Plate into money for the same use, and lastly, if more was still 
wanting to strike otT the second dish for a time : at the same time they 
ap{)]ied to all the Men of Quality then living, that had been at King's 
College, craving their aid to enable them to carry on this lawsuit, in 
which they met with good success, Lord Dartmouth alone, the College's 
Lord High Steward, subscribing a thousand pounds towards supporting 
the lawsuit. However they thought it most prudent to prevent a law- 
suit if they could, and therefore used their utmost endeavours to pacify 
the Court, and reconcile them if possible to the Election. By the interest 
of their friends, they prevailed so far as to obtain a Hearing, which was 
appointed to be at Hampton Court. To be their agents there the College 
chose out of their Body three representatives, viz. Oliver Doyley, who had 
been Secretary to the Embassy at Constantinople ; D^. Stanhope, after- 
wards Dean of Canterbury, the best disputant of the whole College, and 
generally reputed the best Proctor of his time in the University of Cam- 
bridge, and my Tutor, John Layton, as reckoned the best scholar of the 
College, but deaf and purblind. When they came to Hampton Court, 
they were admitted into a room, which opened into the gallery, where the 
Attorney- and Solicitor-General came to them, to whom they clearly 
proved that the right of electing a Provost was fixed in the College itself 
by the grant of the King, their Founder, as is evident by his Statutes. To 
tins the Atiorney-General replied, that notwithstanding the Founder's 
grant to the College, the Kings his successors had from time to time put 

' UiCiMrJ .Vnnesley, Fellow of Magdalen College. Oxford, 1672, arrerwardi Lord 
Alulum. 

T 



274 MAGDALEN COLLEGE AND KING JAMES IL 16S9. 



in the Provosts, and then pulled out a long list of all the Provosts, of this 
j3Ut in by one King, of that put in by another, and so on to the present 
time, concluding Vv-idi sorae warmth, thnt tlie King could not but higlily 
resent their disputing vdth hnn what had never been disputed with any 
of his Predecessors. 

' At this John Layton, not a little nettled, rose up, when at the very 
instant was a hush, and a whisper that the Queen w^as coming through 
the Gallery, and all the company rose up, but he through the defect of 
his eyes and ears observed neither, and, knocking down his hand upon the 
table, cried out with a loud voice, " M''. Attorney-General, if we must 
bear the o^rievances of the former reicrns then is the King in vain come 
in," which words the Queen heard, not a httle startled. They were soon 
ordered to depart, and threatened with no less than expulsion. They did 
not however put their threats in execution, which the College soon knew : 
for the King, going to the races at Newmarket, took Cambridge on his 
way, where amongst other things he visited King's College Chapel, 
attended by the Ch mcellor, the Duke of Somerset, and many others of 
the nobility, when he told the College, who there received him, that at the 
intercession of the Duke of Somerset he consented that the man, whom 
they had chosen, should be their Provost. On this John Layton, v/ho 
was before prepared, made a si)eech to the King on his knees, v/hich 
being ended, the Chancellor came from the King to the College, and said 
that it was his IMajesty's pleasure that the Person, who had made the 
speech, should go out "Doctor in Divinity: " but John Layton beg2:ed the 
Chancellor to return his most humble and dutiful thanks to his IMajesty 
for the great favour he intended him, of which he should ever retain the 
highest and most dutiful sense, but to intercede with his Majesty to 
excuse him from taking it, that he might not go over the heads of many 
persons more worth}' than himself. 

' Dr. Roderick was admitted Provost by ^M^". Gearing, who, saving the 
intermission of one year, had been elected Vice-Provost for forty years 
successively, and had admitted Roderick Scholar.' 

*This account is given by the late IM^ Reynolds, Fellow of Eton 
College and Canon of Exeter, who went to King's from the , Election 
1689.' 

Copied by John Halsey Law, Fellow of King's, and sent to me by 
Dr. Hessey of Merchant Taylors', Nov. 1S53. J. R. Blo.xam. 



I 



I 



I 



INDEX TO THE DOCUMENTS. 



[Compiled by the Rev. 11. A. Wilson : with some additional references to the 
Introduction. The references are to the pages : w. = «£)/c.] 



A. 

Adams, Fitzhcrbert (of Lincoln College), 
I lo and 11. 

Adnnis, J\ichard (Denw), iiS, 263; 
sii;us submission, Oct. 25, 1; ^; ex- 
pelled Jan. 17, 234, 235; name replaced, 
234- 

Adams, Samuel 119, 263. 

Aires, Mr., Hii^h Sheriff of Lincoln, loS. 

Aldworth, Charles (I'cllow and Vice- 
President), xl, 2, 12 31-33, 76, 122, 
130, 192, 196, 201, 251, 26S ; Mag- 
dalen |)apors of, xxxii ; j^ossible author 
of the letter to Penn, 1 ; one of the 13 
Seniors, 2, 32 ; gives notice for the 
election, 12; secures Colle^je property 
in the lodL;ing3, 14; si<:,nis petition of 
Apr. 9, 17 ; letter of T. Smith to, 17 ; 
reads King's mandate Apr. 11, 21; 
proposes postponement of election Apr. 
13 and 14, iS ; conveisation of, withT. 
Smith, before election. 22, 23; promises 
to vote for a new petition, 23 ; does so, 
24, 29 ; votes for election viva voce, 27, 
29 ; prevents 1'. Smith from withdraw- 
ing at election, 25 ; administers the 
oath, ib. ; his account of proceedings 
in the election, 2S ; does not require 
oaths of allegiance and supremacy from 
Ilough, 30; delivers him the keys 
of the tower, ; signs address to Duke 
of Ormond, Apr, 19, 37 ; vindication 
of himself, 43 ; more fully, 4S, 49 ; 
deputed to appear before the Eccl. 
Com., 52, 53 ; notes of proceedings 
there, 52-69 passim ; Jeffries' remarks 
to him, 53 ; letter of, to the Presiticnt, 
54 ; signs answer on behalf of the Col- 
i^'g^' 5"^ ; his notes for answer to the 
Lccl. Com., 62-65 ; gi'^'es in reasons 
again-t Farmer, 65, 66 ; suspended from 
\'ice- Presidentship, 67, 6S ; letter to 
(as V.-P.), from Dr. J. Smith, 76, 77 ; 
retains key as V.-P., 121; application 
by Fellows for his release from suspen- 



sion, 167, 16S; letter to, from John 
Aldworth, Oct. 31, 177; Commissioner.^ 
expected compliance frotn, 17S; draft 
of a defence for (Nov.? 16S7), 179, 180; 
ktter to, from R. Aldworth, Nov. 12, 
I Si ; address to the Commissioners 
Nov. 16, 190, 193, 205, 206 ; re- 
fuses to sign submission, 191, 193, 206 ; 
ex[>ellcd, 204 ; signs protest, 205 ; in- 
cluded in Sentence of Dec. 10, 222 ; 
letter to, from T. Clarges, Oct. i6sS, 
253; restored, Oct. 25, 263. 
Aldworth, John (brother of C.\ letter 
from, to C. Aldworth, Oct. 31, 1687, 
177, 17S. 

Aldworth, R. (brother of C), letter from, 
to C. Aldworth, Nov. 12, 16S7, iSi. 

Allegiance, Oath of, questions as to the, 
19, 20. 

Allen, Charles (Demy), 119, 263; signs 
submission of Oct. 25, 154. 

Allibon (or Alliboiid), Job, nominated to 
a Fellowship, 169, 175 ; mandamus for 
admission as Fellow, 1S4; admitted, 
1S5. 191, 192, 207, 210, 212-214, 252 ; 
said to have been made Dean of Arts, 
232 ; removed by the Visitor, 265 ; 
otherwise known as John Ford, 
1S4 >i. 

Allibon, John, 1S4 n. 

Allibon, Peter, 1S4 //. 

Allibon, Sir Richard, 109, 169, 184 «. 

Almont, James (Notary and Steward of 
the College), 14, 24, 39, 4^, ^'"^1, ^^3. 
265 ; certiticate by, as to tlough's elec- 
tion, 52; present with P'airfax before 
the Commissioners, Oct. 21, 129; de- 
livers account of leases and fines, Oct. 
27, 167 ; delegated by B. Giffard to 
present to benehces, 249, 250. 

Almont, Robert (Fellow), 2, 192, 201, 
251 ; one of 13 Seniors, 2. 33; signs 
address to Duke of Ormond, Apr. 19, 
37 ; to the King, Apr. 24, 40 ; agrees 
to Pudsey's letter to Sund-rland, Aug. 
2S, 141, 202 ; will not agree to Par- 
ker's admission, 2Co ; signs submission 



I 



27^ 



INDEX. 



Oct. 25, i£;3; sijT;ns statement as to 

charities, 162 ; si^^i^ statement of Oct. 

28, 170; refuses submission, Oct. 2S, 

19S; and Nov. 16, 193 ; expelled, 304 ; 

inclucied in sentence of 1 >cc. lo, 222 ; 

reslored, Oct. 25, 16S8, 263. 
Anne, l'riiice=^j, 3, 185, 253. 
Annesley, Rich. Dean of Kxeter, 273 and n. 
Ardecne, John, Dean of Chester, 144 

and n. 

Arundel, — , Lord Privy Seal, 1.S2. 
Ashwell, Thomas, admitted Demy on 

Kin<:;'s mandate, 242. 
Atterbury, Thomas, 49, 6S, 76, 77, 79, 

loS, 109, 113, 12'), 14S, 149, i-;3, 155, 

212; discussion with Pudsey and others, 

69. 

Attorney General. See Trehy. 
Aylworth, — , Diocesan Chancellor of 

Oxford, 1 51. 
Aylesbury, Eail of, letter from, quoted 

211 

B. 

B., Capt., 210. 

Babbiiigion, ?Iumphrey (Trinity College, 
Cambridge), 69. 

Bagshaw, Francis (Fellow), xl, 2, 17, 118, 
122, 192, 251 ; signs petition, A[)r. 9, 
17; sent with it to Sunderland, 17, 
19, 2b; Captain of the College com- 
pany in Monmouth's rebellion, 17, 19, 
10 1 n. ; * impartial relation ' ascribed to 
him, iS ; vigils Sunderland, Apr. 12 
and 13, 22 ; relates Sunderlan^l's an- 
swer, 29; signs address to Duke of 
Onnond, Apr. 19, 37 ; to the King, 
Apr. 24, 40 ; not present at meeting of 
Aug. 28, 141, 203 ; agrees with J. 
Smith's answer to the King. Sept. 4, 
86, 93 ; will not admit Parker, 200 ; 
signs submission, Oct. 25, 153; state- 
ment as to charities, 162 ; statement of 
Oct. 2S, 170 ; refuses submission, Oct. 
28, 170, 19S ; expelled, 204 ; included 
in sentence of Dec. 22, 222 ; restored, 
Oct. 25, 16S8, 263. 

Bagshaw, Harrington (Demy), 119, 263 ; 
signs submission, Oct. 25, 154. 

Baldock, Sir R., 5<'», 219-221. 

Bambrigg (or Bambridge, or Bainbridge), 
William '^of Magdalen Hall), 70, 74, 

75. 77- 

Barillon, — , 267. 

Barnard, — (Proctor of Eccl. Court;, 
no, 113. 

Barrow, — , iSi. 

Bartlet, — (carrier 237. 

Bassett, John ^clerk), 119, 263, 265 ; ad- 
mitted, 14; sigus submission, Oct. 25, 
154. 

Bassett, Dr., 225, n 9 (p. 229). 



Bateman, Thomas (Fellow), 2, 192, 251 ; 
signs address to Duke of Ormond, Apr. 
19, 37 ; to the King, Apr. 24, 40 ; 
agreed with Pud-ey's letter to Sunder- 
land, Aug. 2S, 1 4 1, 202 ; will not ad- 
mit Parker, 201 ; signs su'Dmissic'n, 
Oct. 25, 153 ; statement as to charities, 
162; stateineut of Oct. 2S, 170; re- 
fuses submission, Oct. 28, 170, 19S ; 
expelled, 204 ; signs protest, 205 ; in- 
cluded in sentence of Dec. 10, 222 ; re- 
stored, Oct. 25, 1688, 263. 

P.aufepas, — , 87. 

Bayley, James (Fellow), 2, 192, 201, 
251 ; signs petition, Apr. 9, 17 ; pre- 
sent at Hough's adm.issioa by the \'isi- 
tor, Apr. 16, 30 ; signs address to ! >i;ke 
of Ormond, Apr. 19, 37 ; to the King, 
Apr. 24, 40 ; agrees with Pudsey's 
letter to Sunderland, Aug. 28, 135, 141, 
202 ; with J. Smith's answer to the 
King, Sept. 4, So, 90; will not adnut 
Parker, 200 ; signs submission, Oct. 25, 
153; statement as to charities, 162; 
statement of Oct. 2S, 170 ; refuses sub- 
mi.ssion, Oct. 28, 170, 19S ; and Xov. 
16, 193 ; expelled, 204; signs protest, 
205 ; included in sentence of Dec. 10, 
222 ; restored, Oct. 25, 16S8, 263. 

Eayley, Thomas (Fellow), 2, 77, Si, 172, 
173, 192, iy6, 197, 201, 251 ; one of 
the 13 Seniors, 2, 33 ; signs petition, 
Apr. 9, 17 ; administers oath to V.-P. 
as one of the Seniors, 33 ; signs ad- 
dress to Duke of Ormond. Apr. 19, 37 ; 
appears as deputy for the College, Aug. 
5, 80 ; not present at meeting of Aug. 
28, 141, 202 ; letter to (from PennV), 
98, 99; his answer, Oct. 3, 99, ico; 
answer as to benefactions, 149, 150; 
will not admit Parker, 200; desires 
time to consider submission to him, 
150, 152 ; signs submission, Oct. 25, 
153 ; statement as to charities, 162 ; 
statement of Oct. 28, 170; explains 
former submission, 171, 174, 197, 19S ; 
refuses submission, Oct. 28, 170; and 
Nov. 16, 193; expelled, 204; included 
in sentence of Dec. 10, 222 ; presented 
(after Aug. i, 168S), by the ejected 
President and Fellows, to Slymbridge, 
251 (see note); addresses the Visitor, 
Oct. 2^, 260, 261; restored, Oct. 2=,, 
263. 

Bayley, \\ illiam (Demy), 119, 263; signs 

submission, Oct. 25, 154. 
Beale, Capt., 217. 
Beasley, Edward •'cor,k\ 264, 265. 
Beeston, Flenry, \V;.irdei of New College, 

T42, 147, i6's. 
Belew, — . S:e Boileau. 
Belson, Austin, 225, n. 12 (p, 230); mai;- 



I 



/A' 

date for admission as Feilow, 235, 332 ; 
.adniission, 231, 232 ; removed by the 

^'i^i^.Or (,? \ 2()5. 

Ecnnet, Thomas ^of University ColJege), 

142, 143. 
Bernard, — , 93. 
Bern aid, Dr., 80. 

Bernard, John Austin, mandate for ad- 
mission of, as Fellow, 238. 
Bertwisai, Edward, admission as Fellow, 
.247. 

Biblio^aphy of the contest between 
Magdalen College and James T, 
xl. 

Bigges, \V., 14S. 

Birch, Ed. (^Sergeant-at-Law), 54 and 

Blathwayt, William, letter of, to Pepys, 
87- 

Bliss, Dr., epitaph on Bishop Parker 
qiiolLd from, 24T. 

Bloxam, Rev. John Rouse, D.D., editor 
of the volume ; extracts from his pre- 
face, xxxi ; mentioned xxxii, xxxix ; 
note by, on buttery book, 265 ; as to 
case of King's College, 274. 

Blunt, Thomas, admitted Deniyon King's 
mandate, 242. 

Bodleian Library, Oxford: description of 

Rau l. MvSS., \\xi.\, 50 
• Bohun, — , 257. 

Boilcau (or Belew , — , Chn})lain to Lord 
Chancellor, refused a degree, 95, 97'/., 

lOI. 

Bond, Nicholas, case of his nomination as 
President, 19, 44, 45. 97, 215, 24;, 24S. 

Bonnington, John, mandate for admission 
as Demy, 242. 

Boss, Richard chorister), 119, 264. 

Boucluer, Thomas, opinion of, as to the 
mandate of June lb, 1687, 7^- 

Bowyer. John chorister), 119, 264 ; signs 
submission of Oct. 25, 154. 

Brabourne, John i^DemyX. uS, 220, 232, 
233; testifies against Farmer, 70 ; Far- 
mer's reply, 73 ; signs submission, Oct. 
25, 154; exptlled, Jan. 17, 16S7, 234, 
235 ; restored, 263. 

Bracklev, Statutes as to College at, 246, 
248. ' 

Bramley, Rev. Henry Ramsden : wrote 
the 7nfr. vii-xxx, see xxxii. 

Bramwell, Capr., ibS. 

Braybrookc, Lord : courtesy to editor ac- 
knowledged, xxxii ; Braybrooke MS. 
xxxii - xxxvi, Sec. 

Brent, Humphrey (of St. John's College), 
71 and n., 73. 

Brett, Mar}-, 225, n. 6 (p. 2 2S\ 

Bridgman, — , Re;dstrar to the Iiccl. 
Com., r, 55 and it., 66, 68, 75, i6S; 
^:3- 



Brice, Dr., Counsel for the College, 75, 
77; (?) challenged by Charnock, Aug. 

5, 81. .S;v Pnctr. 

Britisfi Museum MSS. alluded to, xxxix, 1. 

Brondhurst, SaMuicl chorister), 119, 264; 
sifL'iis '^ubnii--iwii, Oct. 154. 

B!o.^-\wdl, CIicmLs (of Magdalen HalP., 
f )i- Farmer, 71^ sctr note ■ ; ad- 
niilicd Fellow on Kii:g"s mandate. 23S. 

Brooks, Ricfiard (of St. Mary Hall, secre- 
tary to P)ishop Parkt r), I45, I48, 230; 
degree of B.C.L. demanded for him, 93, 
94, 97 n. ; refused by Convocation, 95, 
101. 

Brown, Thomas (Chaplain), 119, 263; 
signs submission, Oct. 25, 154. Pos- 
sibly the same as 

Brown, Mr., 1 10, 113, 142, iSl. 

Brown, Judge {tcvip. Eliz.), iii, 

]>ucklcy, Rev. \Villiam Edward, help 
acknowledged, xxxvi ; Buckley MS. 
xxxvi. 

Buckwill, — ,74. 

Burnet, Gilbert, ' History,' quoted, 108 n., 
259 (see note), 271. Sec Routh. 

Burrell, Dr. \oi Sudbury}, 225, n. 9 
(p. 229). 

Bush, ^IaximiIian (Demy), 119; signs 
submission, Oct. 25, 154 ; expelled Jan. 
17, ib'i8, 234, 235; restored, 263. 

C. 

Calendar : list of Sundays, xlix. 

Cambridge, questions sent to the Vice- 
Chancellor of, 48 ; case of King's Col- 
lege, 272-274, 

Canterbury, Archbishop of. See San- 
croit. 

Carey, Thomas, 225, n. 2 (p. 226). 

Carte, Thomas : memorandum book 
quoted, 15,8; history '[unted, 255. 

Cartwright, Thomas, JUshop of Chester, 
2, no, 144, 165, 16S-170, 195, 207, 
209, 212-214, 235, 269; j^c'also Com- 
nussioners' Proceedings, passim ; pre- 
sent in court held June 6, 16S7, 53 ; 
and June 22, 67 ; in communication 
with Petre, 67, 106 ; apijointed on the 
Eccl. Com., 106, 107 ; present at meet- 
ing of Oct. 17, ic8 ; receives £100 as 
a gift from the King, /.'). ; meets Jenner 
and Wright, and receives instructions 
from the King, 109 ; acts as head of 
the Commission in Oxford, 113; his 
speech, Oct. 21, 1 14-117, 124; discus- 
sions with the President, 119-123, 124, 
125; a 'libel' against him, Oct. 22, 
131, 136; signs letters Oct. 22 to Jef- 
fries, 132 ; and Sunderland, 13S ; letters 
of, to Parker. Oct. 23. I42, 143 ; difier- 
j ences with Baron Jenner, 143, 145, 



278 



INDEX. 



176 ; visits Parker at Cuddesden, 145 ; 
explains that submission of Fellows 
does not affect llouirh's title, 150; 
sii;n3 letter to Sunderland, Oct, 25, 
157 ; desires to expel Fellows at once, 
Oct. 2S, J 75 ; present at meeting of 
Eccl. Corn., Nov. 3, 17S; conversation 
with T. Smith, Nov. 15, 182; his 
speech, Nov. 16, iS^-iQO, 193 ; two in- 
truded Demies his relatives, 210 ; votes 
for furth'wr proceedings against Fellows, 
Nov. 28, 219; present at meetings of 
Eccl. Com., Nov. 29, 220; Dec. 8, 
221; votes for proceeding at once, 
Dec. 8, ; present at meetings Dec. 
10, ib.; Dec. 12, 222; conver.satioji 
with T. Smith, Dec. 31, 230. 

Casey, f .dward, admitted Demy on King's 
mandate, 242. 

Castlemain, Earl of, 1S2. 

Chamberlain, George (of Trinity College, 
Cambridge^!, 72. 

Chamberlain, Lord. See Mulgrave. 

Chancellor, Lord. ^SV^ Jeffries. 

Charles 1, Statute of, referied to, 60. 

Chaile. jr. 2 18, 266. 

Charlett, Thomas, 104 and ; letters to 
him, Sept. 6, 1687, from T. Creech, 
92, 93 ; from T. Sykes, Sciit. 7, 93, 
94 ; Sept. iCt, 95 ; Nov. 16, 209, 210. 

Charnock ^or Cheniock), Robert ,1'ellow), 
2, 24, 93,145, 192, 205, 20S, 209, 213, 
235» 249, 252 ; brings mandate in 
fa\our of Fanner, Apr. 11, 21, 28; 
objects to postponement of e1ectii;n, 
Apr. 13 and 14, 29 ; *a declared Pa- 
pist' at the time of the election, 23 ; 
votes for election vivd voce, 27, 29; 
leaves the chapel before the Liturgy, 
25, 26, 29; but returns, 25; does not 
take the oath, 25, 26, 29, 32 ; declares 
vivd vcce for Farmer after Hough's 
election, 28 ; challenges Dr. I'rice 
(?13rice) at Whitehall," Aug. 5, 81; 
warrant issued against him, ; not 
present at meeting Aug. 28, 141, 202 ; 
present at Christ Church, Sept. 4, 86 ; 
ready to elect Parker, Sept. 4, 86, 90 ; 
alone in this answer, 87 ; present at 
the President's discussion with the 
Commissioners, Oct. 2 1, 122 ; 'will as- 
sist' in admitting Parker, Oct. 22, 131, 
133, 140, 166, 201 ; asserts that he was 
out of Oxford on Aug. 28, 135 ; assists 
in installing Parker's proxy, 148, 149, 
^53 ; signs statement as to charities, 
162 ; puts question as to leases, 167, 
168, 204 ; excused from signing sub- i 
mission, Nov. 16, 190, 191, 206, 210, j 
212-214 ; ^cts as Dean, Nov. 1687, 217, ! 
335; his disputes with the Demies, 223- j 
235, 232-235; admitted as Vice-Presi- i 



dent on the King's mandate, Jnn. 11, 
1688; signs notice of exjiulsion, Jan. 
16, 234 ; replaces name of a 1 Xmy, i[>. ; 
joins in expulsion, Jan. 31, 236 ; sttrn- 
mons T. Smith to return to '."oIK ge, 
Jan. 19, 235 ; receives mandn.l s lor 
ar]^p.i?^ion of Dtmics and C'f lli^h^p 
{\-/:-.':<\ PS President, 242; expelled by 
tlie \ I '-lor, Oct. 25, 260, 261, 26;. 

Chester, Pishop of. .SVi* Cr\: Uv right. 

Chettleborough, Robert, aclmiitLd Fellow 
on King's mandate, 2 38 ; removed by 
Visitor, 265. 

Chetwin, — , 142. 

Chiffin (or Chivins), — , 109, 176. 

Cholwill, George, 148. 

Chri. tuias, John, mandate for admission 
of, as Fellow, 225, 232 ; admitted, 236 ; 
removed by Visitor, 265. 

Chudleigh, — , 225, w. 9 (p. 229). 

Cbcton, Ralph, on list of I'ellows re- 
moved by Visitor, 265. 

Clargcs, Thom.is, letter from, to C. Ald- 
v/orth, 253. 

Clark, G., 255. 

Clarke, J^Ir., 142. 

Claymond, John, benefactions of, 161. 
Clerk, Edward (chorister), 119, 264; 

signs submission, Oct. 2 = , 154 

(' Slack '\ 

Clerk, Richard (of Magdalen Hall}, 70, 
74. 

Gierke, — , formerly Clerk of the College, 
14. 

Gierke, Abel (of ^^agdalen College), 71 
and 

Gierke, Henry (President of Magdalen 
College), 12-14, 3^' 3^, .^'O? 57- 59, 
146, 186, 203, 245; his death, 2, 3; 
announc( d to Dr. Younger, 3 ; and to 
the Coll.ge, 4 ; case of his election re- 
ferred to, 19, 44, 45, 64, 122, 215 ; not 
in holy orders when elected, 46. 

Gierke, H. Cof IfHey), becomes security 
for President Hough, Oct. 22, 137, 
203. 

Gierke, Mrs. (widow of the President"", 14. 

Gierke, Thomas, admitted Fellow on 
King's mandate, 238; (?) removed by 
Visitor ('James'), 263. 

Colgrave, Henry, mandate for admission 
as Demy, 242. 

Collins, Thomas (Schoolmaster), 102, 
160, 196, 210, 263, 265; Chaplain to 
Bishop Parker, 83; applies for a man- 
date for a Fellowship, 93 ; degree of 
D.D. demanded for, 93, 94, 97 ; but 
refused by Convocation, 95, loi. 

Commissioners {s^e aho ' Ecclesiastical 
causes. Gommi.^sion. for') arrive in Ox- 
ford, Oct. 20, no. i!T ; meet in Col- 
lege Chapel, Oct. 21, 112 ; adjourn to 



INDEX. 



279 



the Ilall, T12, 113; and thence to the 
Common Room, 112, 11 
cec>-Hngs of, r.t Oxford, 112-17.S, 
20S ; call for account of ColK-ge re- 
venues, 1 17. 1 18, 123 ; declare Ho'urh's 
expulsion, 125, 126, 128, 131, 132, 
134; letters sent by, Oct. 22, to Jeffries, 
131, 132; and to Sunderland, 137, 
138'; letter to, from Sunderland, Oct. 
23, 143, 144 ; mandate to, for Parker's 
admission, 144 ; admitand instal Parker, 
Oct. 25. 147-T.j9; sentence of, against 
Fairfax, 155 ; letter from, to Sunder- 
land, 156, 157 ; enquire into College 
charilies, 160-164; I'ranmlHer'saccount 
of their proce'rdings, 165-167 ; instruc- 
tions to, from Sunderland, 169; require 
further submi^iion, Oct. 28, 172, 174, 
^75' 177; P^^t question of submission 
to Parker as President, 170, 173, 175, 
177; leave Oxford, Oct. 28, 172; re- 
turn to C"olle:::;e, Nov. 15, iSi ; instruc- 
tions to, Nov. 16S7, TS2-184 ; sentence 
of. on the tell "'AS, Nov. 16, 204, x)5.; 
admit l"elii»\vs and Demies, 1S5, 194, 
207, 208; Dr. Hedge's notes of their 
proceedings, 191-204; leave Oxford, 
Nov. 16, 207. 

Compton, Dorothy, 225;?, 

Compton. Richard, 225 n. i ; mandate 
tor admission as Fellow, 225, 232 ; ad- 
mitted, 231, 232; removed by the Visi- 
tor, 265. 

Com[iton, William. 225 

Con, Father, letter from, 265, 266. 

Conneus, Alcxant'er, 26-;;/. 

Constable, Thomas, admitted Fellow on 
King's mandate, 23S and n. ; removed 
by Visitor, 265. 

Cooper, Thomas (Bishop of Winchester), 
injunctions of, 55. 

Copleston, — '.Provost of Kiiig's College, 
Cambridge\ 272. 

Corpus Christi College, case of the visita- 
tion of, III, 112. See Fulman. 

Cottington, — , 1 10. 

Cotton, Alexander, mandate for admission 
as Fellow, 225-232; admitted, 231, 
232 ; removed by Visitor, 265. 

Cotton, Edward, 225, «. 6 (p. 228). 

Cotton, George, 225, 7i. 6 (p. 228). 

Cotton, Richard (of Bedharapton), 225, 
n. 8 (p. 229). 

Covall, Dr., 225, n. 9 (p. 229). 

Coveney, Thonaas (President of Magdalen 
College^, case of, 98, iii, 112, 126, 
134, ^99' 245, 24S. 

Cox, Nicholas, xl. 

Cox, Samuel, admitted Demy on King's 

mandate, 242. 
Crad(i<x:k, William (Fellow\ 2, 192. 

^93» 252; signs petition to the King, ! 



Apr, 2\, 40 ; not present at meeting of 
Aug. 2S. 141, 202 ; present at Christ 
Church . S:-;;i. 4, ansv/eisas to Ilolden's 
ad,rr;!s-;oa, 85, 86 ; agrees with J, 
Smith's answer to the King, Sept. 4, 
86. 90 ; visits Penn at Windsor. 104- 
ic6 ; ansv. er as to admission of Parker, 
i^^t, ; signs subnii;sion, Oct, 25, 
15P, ; statement as to charities, 162; 
sratcment of Oct. 28, 170, 174, 19S; 
expelled, 204 ; included in sentence of 
Dec. 10, 222 ; instituted to a benefice, 
225 ; quoted as to delay in the Restora- 
tion, 258; restored, Oct. 25, 16S8, 263. 

Creech, Thomas, letter from, to Charlett, 
Sept. 6, 92, 93. 

Cresner, Elizabeth, 239 w. 

Crewe, Nathaniel (Bishop of Durham\ 
I and n., 18, 106 ; present at meetings 
of Flccl. Com., May 28, 16S7, 50; 
June 6, 53; June 13, 56; Oct, 17, 
108; Nov. 3, 178; votes for further 
proceedings against F^ellows, Nov, 28, 
219 ; present at meetings of Nov. 29, 
220; Dec. 8 and 10, 221; Dec, 12, 
222; votes for proceeding at once, 
Dec. 8, 221. 

Cripps, Samuel (Demy), 118 ; signs sub- 
mission, Oct. 25, 154; expelled, Jan. 
31, 168S, 236 ; restoreel, 263. 

Croker, John Wilson, 271, 

Cross, John (Demy), 119; signs sub- 
mission, Oct. 25, 154; expelled, Jan. 
17, 16S8, 234, 235. (Not in list of those 
restored.) 

Crosse, Latimer (of Wadham College), 

■witness against Fanner, 77. 
Cuffand, John, mandate for admission as 

Demy, 225, 226, 232 ; admitted, 236, 

D. 

D'Adda, Papal Nuncio, 253 n. ; letter 
from, Apr. 9, 16S8, 242, 243. 

Dartmouth, Earl of, 107, 108 273. 

Davys (or Davies), John (Fellow), 2, 192, 
198, 201, 2i7(?), 251; signs petition 
of Apr. 9, 17 ; address to Duke of Or- 
mond, Apr, 19, 37 ; to the King, Apr. 
24, 40 ; agreed with Pudsey's letter to 
Sunderlancf, Aug. 28, 141, 202 ; with 
J. Smith's answer to the King, Sept. 4, 
86, 90 ; will not admit Parker, 2co ; 
signs submission, Oct. 25, 153; state- 
ment as to charities, 162 ; statement of 
Oct. 28, 170; refuses submission, Nov. 
16, 193 ; expelled, 204 ; included in 
sentence of Dec. 10, 222 ; instituted to 
a benefice, 225; restored. Oct. 25, 1688, 
263. 

Demies, ii--;t of, 118, 119 ; conduct of, 
after expulsion of Fellows, 209, 216, 



! 



28o 



INDEX. 



217, 220, 221, 223-225, 23.';-235 ; ex- | 
pulsions of, .'34-236. j 

Dc-nham, John, adniilted Fellow on King's | 
mandate, 23S; removed by \'isitor, 265. 

de Vaux, Sir 'J heodore, conversation with 
Jcft'ries as to petition of Apr. 9, 21. 

Digby, John, 249 and n. ; mandate for 
admission as I'emy, 242. 

Dii,'t;le, Kthnund, 250 and n. 

Divinity Reader, appeal to the King con- 
cerning, 47. 

Dobson, Henry (Fellow), 2, ref. to 93, 
94 (^?;, 193, 201, 251 ; one of the 13 
Seniors, 2, 33 ; sij^ns petition uf Apr. 9, 
17 ; address to Duke of Orinond, Apr. 
19, 37 ; deputed to appear before Feci. 
Com., 52, £;3 ; signs answer on behalf 
of the College, 5S ; testitics against 
Farmer, 71 ; Farmer's reply, 73; agreed 
V'ith Pudsey's letter to Simderland, Aug. 
2S, 141, 202; his answer of Se{«t. 4, 
86, 90 ; signs submission, Oct. 25, 153 ; 
statement as to charitic-s, 162 ; state- 
ment of Oct. 28, 170; refuses submis- 
sion, Oct. 2S, 170, 19S ; and Nov. 16, 
193; expelled, 204; included in sen- 
tence of F)ec. 10, 222 ; restored, Oct. 
25, 16SS, 263. 

Documents in this volume, list of, xlii. 

Dormer, Sir W illiam, 95. 

Doylcy, Oliver, 273, 

Dr>-den, F^rasmus, 225, n. 4 (p. 22S). 

Dryden, John, 22-;, n. 4 (p. 228); man- 
date for, admission as f- e!low, 225, 232 ; 
admitted, 231, 232 ; removed by V isitor, 
265. 

Duddell, John, admitted Demy on King's 

mandate, 242. 
Duncan, I'bilip, 271. 
Durham, lii.-hop of. Sec Crewe. 
Dye, — (Groom), 264, 265. 

E. 

Eales, John, mandate for admission as 

Demy, 242. 
Eaton, Archdeacon, iio, 113, 16S. 
Eaton, Byrom, 210. 

Eaton, — <^Tipstaff to the Commissioners) , 

Ecclesiastical Causes, Commission for, ap- 
pointment of members, i ; citation from, 
to Magdalen Cullcgc, May 28, 49, 50; 
meetings of, Ma.y 2S, 50 ; June 6, 53; 
Jiuie 13, 56 ; June 22, 65 ; July i, 74 ; 
July 29, 78, 79 ; Aug. 5, 80 ; question 
whether the election a subject tor their j 
jurisdiction, 60 ; order of, for publica- \ 
tion of decrees as to Hough and Aid- | 
worth, and Fairfax, July 29, 7S, 79 ; 1 
Nevv Commission appointed with pov,er i 
to visit Magdalen College, Oct. 1 7, 107 ; ' 



meetings of Oct. 17, 107. loS ; Nov. 3, 
1 78; Nov. 2S, 219; Nov. 29, 220; 
Dec. 8, 221 ; I^ec. 10, 221, 222 ; Dec. 
12, 222, 223 ; sentence of incp.pacity on 
President and Fellows, Dec. 10, 221, 
222 ; dissolved, 252. (^i;*: a/^{7 Magdalen 
College : and for proceed higs of those 
who visited Oxford, sec Couiini.ssioncrs.) 

Eden, James, mandate for admission as 
Demy, 242. 

Kddowes (or Eldowes), Robert, 49, 76, 79, 
loS, 155. 

Elizabeth, Statutes of, giving powers of 
Visitation, 125, 126; commission to 
visit Corpus Christi College, iii, 112. 
{Sec also Bf>nd, case of.) 
Ellis, John, letter to, i. 
Flstob, Mr., 109. 
Fly, P.ishop of. See Turner, 
Fly, — , witness against Farmer, 77- 
Entwistle, Fdm., of Prasenose College, 

M^, 143. 
Evans, Dr. 109. 

F. 

Fairfax, Henry (Fellow), xl, 3, 25, 76, 
121, 173, 191, 192, 196-19S, 200, 201, 
212, 251, 253, 268 ; one of the 13 
Seniors, 2, 33 ; Scrutator, 2, 30, 32, 33 ; 
signs petition, Apr. 9, 17 ; votes for a 
new petition, Aj.r. 15, 24, 29 ; delivers 
key of the seal to Hough, 30 ; signs 
address to Duke of Ormond, Apr. 19, 
37 ; deputed to appear before Eccl. 
Com., 52, 53 ; dissents from answer of 
the other deputies, 55, 56 ; his dispute 
with Jeffries, fi5-6i ; suspended from 
his P'ellowship, June 22, 67 ; letter to 
him, Aug. 8, 81 ; question as to legality 
of his susp' nsion, 102 ; notes for answer, 
103 ; abs' nt at openmg of visitation, 
113; pronounced contumacious, 117; 
appears before Comnnssioners, Oct. 21, 

129 ; intends appeal to King's Bench, 

130 ; refuses to admit Parker, 130, 131 ; 
signs paper given in by Stafford, Oct, 
25, 146, 147, 151, 152 ; Vv'ill not obey 
Parker as President, 150, 195, 196 ; 
expelled, Oct. 25, 147, 154, 155, 158- 
160, 167, 178 ; his protest, 155, 159, 
167 ; his Fellowship to be filled up, 
169, 184, T91, 192; removes to house 
of W. Sherwin, 179 ; included in sen- 
tence of Dec. 10, 222 ; restored, Oct. 
25, 1688, 263. 

Fairfax (alias Pecket), Thomas, 225, n. 2 
(pp. 2 26-2 28) ; mandate for admission as 
Fellow, 225, 232 : admitted, 231, 232^; 
adm.itted as Denn of Arts on King's 
mandate, 231, 232 ; disputes with the 
Demies, 232, 23;, ; signs notice of ex- 
pulsion, Jan. 16, rjiS, 234 ; letter.- 



I 



INDEX. 



281 



from, to N. Johnston, 245-248 ; re- 
moved by Visitor, 265. 

Fairfax, Mr. i^i'.len'.icai with the above?), 

iSi, 194, 2o3. 
Farmer, Anthony, 12 and 28, 29, 31, 
32, 36-38, 41, 43, 44, 50, 51, 54, 56, 
57, 59, 6r, 62, 67, 76, 82, 87, ICO, 102, 
103, iiS, 122, 124, i;p, 139, 140, 147, 
180, 1S6, 190, 191, 206, 2OS ; mandate 
in fav(;ur of, 14 ; ^'isitor's iciter con- 
■ ceming mandate, 15 and ; Colkj^e 
represent that he is not qualified, 16 ; 
reasons ac^ainst him, 41, 47-49, 65-69 ; 
llishup Cartwright's opinion of them, 
67 ; allowed time to rebut char<:^cs, 6S ; 
letters and certificates concerning him, 
69-71; his answers, 72-74 ; witnesses 
(29) cited against him, 77 ; heard in 
defence, July 29, 79 ; Jeffries' remarks 
to hiin, 79- 

Fayrer, Janies (Fellow), 2, 75, 192, 196, 
201 'J aylor 251; >i\;ns petition, Apr. 
9, 17 ; address to Duke of Ormond, 
Apr. 19, 37 ; to the King, Apr. 24, 40; 
deputed to appear before Feci. Com,, 
52, 53; signs answer on behalf of the 
College, 58 ; testifies against Farmer, 
71 ; Farmer's reply, 73; summons to, 
as witness, 76 ; agrees with J. Smith's 
answer to liie King, Sej^t. 4. 86, 90; 
re:uses submission, Nov. 16, 193; ex- 
pelled, 204; included, in sentence of 
Dec. 10, 222 ; minister of Down, Kent, 
1687, 16SS, 222, n. (p. 223) ; restoreil, 
Oct. 25, 16SS, 263. 

Fellows, List of, 2. {Sec Magdalen 
College, and individually.) 

Fey, W illiam (sometime chorister), peti- 
tion of, dismissed by Commissioners, 
167, 168, 204. 

Fidkin, Edward, 272. 

Finch, Leopold \\ illiam (Warden of All 
Souls College), 142, 143 and 255. 

Flower, Uenjamin, Nonconformist School- 
master at Chippenham, 70, 73. 

Forstcr, Sir /Vndrew. 109. 

Frampton, Robert, Uishop of Gloucester, 
253 ; refuses to institute Hawles to 
Sl>-mbridge, 250, 251. 

Francis, — , 225, n. 9 (p. 229) ; case of, 
referred to, 21. 

Frank, F. B., Esq., help acknowledged, 
xxxviii ; Johnston MS. xxxviii. 

Fulham, George i^l'ellow), 2, 192, 196- 
198, 252 ; present at Hough's admis- 
sion by the Visitor(J\. Apr. 16 yFuller}, 
30 ; signs address to Duke of Ormond, 
Apr. 19, 37 ; testifies against Farmer, 
71 ; Farmer's reply, 74 ; not present at 
meeting of Auij. 28, 202 ; si-ns sub- 
mission, Oct. 25, 153 ; statement as to 
charities, 162 ; statement of Oct. 2S, 



170; refuses submission. Oct. 28, 171, 
19S ; discussion with ( 'nriv.iight, 171, 
172, 174-176, 1 78; v, iihdia\v-> hisv.-ords, 
174, 175 ; suspended from his 1 -.ll jw- 
ship, 172,174-176,178, 1.^8; rt.hises 
submission, Nov, 16, 193 ; expelled, 
204 ; included in sentence of Dec. 10, 
222 ; restored, Oct, 25, 16S8, 263. 

Fulham, William (Demy), 119 ; signs 
submission, Oct. 25, 154 ; expelled, 
Jan. 17, 16S8, 234, 235. (Not in list 
of those restored.) 

Fulman MSS. at Corpus Christi College, 
quoted, 88. 

G. 

Gale, William, 70. 

Galloway, Stephen, admitted Fellow on 

. King's mandate, 2 38 (see note) ; re- 
moved by Visitor, 265. 

Gnn'.iner, Bernard (Demy), 119, 263 ; 
signs submission, Oct. 25, 154. 

Gardiner, Robert (under-porter), 71, 173, 
196, 249, 257 ; refuses to submit to 
Parker, Oct. 25, 154, 159, 160, 167 ; 
dejirived, 155, 156, 160, 167, 178 ; re- 
stored by the Visitor, 264. 

Gearing, \'ice-Provost of King's College, 
Cambridge, 274. 

Gibson, Jiishop, letter preserved among 
his MSS., 104. 

Giftard (^or Oifford), Andrew (of North- 
ampton), 243 n. 

, Andrew, (son of the preceding), 

225, 2 (?) (p. 226), 243 n , 247 n.; 
admitted as -Fellow, 247 ; removed by 
Visitor, 265. 

, Bonaventura (brother of the pre- 
ceding , Bishop of Madaura, 2 [4, 243«., 
250, 253^., 270, 271; nominated as 
President, 2 2 ; admitted, 243 ; em- 
powered by the King to nominate and 
admit to all places in the College, 244, 
245 ; authorises the Steward to present 
to Rectory of Slymbridge, 250; removed 
by the Visitor, 265. 

Giflord, error for Cuil/ord, 232, 

Oilman, John (Fellow \ 2, 192, 252 ; 
signs address to Duke of Ormond, 
Apr. 19, 37 ; to the King. Apr. 24. 40 ; 
agreed with Pudsey's letter to Sunder- 
land, Aug. 2S, 141, 202 ; with J. Smith's 
answer to the King, Sept. 4, 86 (not 
mentioned at p. 90) ; answer as to 
admitting Parker, 141, 156, 201 ; signs 
submission, Oct. 25, 153; statem.ent as 
to charities, 162 ; statement of Oct. 28, 
170; refuses submission, Oct. 28, 170, 
198; and Nov. 16, 193 ; expelled. 204; 
signs protest, 205 ; included in sentence 
of Dec. 10, 222 ; restored, Oct, 25, 1688, 
263. 



282 



INDEX. 



Gloucester, Bishop of. Sec Fran^pton. 

Glydcweli, — (of Her.leyX iSr. 

Goodwin, Thomas (l-'ellow), 2, 201, 210, 
252 ; signs petition of Apr. 9, 17 ; 
adilress to Dnke of Omioiid, Apr. 19, 
37 ; testifies .igainst Farmer, 71 ; Far- 
mer's re])ly. 7.^, ; absent, Nov. 16, 185, 
20S, 214; ill, 192, 193 ; excused, 20s ; 
does not return to College, 217; ex- 
pelled, Aug. 7, 16SS, 249 ; restored, 
Oct. 25, 263. 

Goring. Charles (Demy\ 88, 92 irS, 
194, 263 ; a mandate for a Fellowship 
promised him by the King, 92,. 93 ; 
visits Penn at Windsor, with the Col- 
lege deputation, 104, 106 (? Young) ; 
signs submission, Oct. 25, 154; nomin- 
ated for a Fellowship, Oct. 27, 169, 
175 ; mandate for admission, Nov. ti, 
181 ; dotjs not appear, Nov. 208. 

Gravtn'T, .Moses (^of Magrlalen IlalT, 71 
and n. 

Green way, John, Notary, certifies as to 

meeting of .*^ept. 4, 90. 
Guilfoid i^or Gilford >, Thomas, 225. v. 7 

(p. 228) ; mandate for admission as 

Fellow, 225, 232: admitted 231, 232 ; 

removed by Visitor, 265. 

II. 

Haddon, Walter, case of, 19, 42-44, 63- 
6.;, I So, 199, 215, 245. 

Hales, Sir F.dward, 271. 

Hall, William I'of Lincoln College), wit- 
ness against Farmer, 77. 

Halton, Timothy (Provost of Queen's 
College), 110 and 118, 142. 

Hammond, Mainwaring (Fellow", 2, 192, 
251; one of the 13 .Scrioi ^. 2, 33 ; signs 
petition of Apr. 9, 17 ; address to Duke 
of Ormond, Apr. 19, 37 ; to the King, 
Apr. 24, 40 ; deputed to appear before 
Feci. Com., 52, 53 ; signs answer on 
behalf of the College, ^8 ; agreed with 
Pudsey's letter to Sunderland, 202 : and 
with J. Smith's answer to the King, 
Sept. 4, 86, 90 ; visits Penn at Windsor, 
104, 106 ; will not admit Parker, 200; 
signs submission, Oct. 25, 153; state- 
ment as to charities. i6j ; statement of 
Oct. 28, 170; refuses submission, Oct. 
28, 170, 198 ; and Nov. 16, 193 ; ex- 
pelled, 204 ; included in sentence of 
Dec, 10, 222 ; restored, Oct. 25, 16S8, 
263. 

Hanson, Thomas (Derny\ 119, 194; signs 
submission, Oct. 25, 154 ; refuses a 
Fellowship. 194, 20S (not in list of 
Oct. 25, 168S). 

Flarding, Alary, letter from, to S. Parker, 
quoted, 240. 



Harris, Renatus, 14. 

Ifnrri^. Vv'illinm (clerk), II9, 263. 

HartuliiTc. Tol.n, 273 and 273. 

Harwar, J-'- i'h I't-Hov".- , 2, 192. Tr/>, • 
251 ; si^.;!!'^ j vtition, Apr. 9, 17; ad('ress 
to Duhe of Onnoiid, Apr. 19, 37 ; to 
the King, Apr. 24, .\o ; not present at 
nieetiii;.; of Aug. 2S, 141, 202 ; will 
not adniit Parker. 201: signs submission, 
Oct. 25, 153 ; statement as to chariries, 
162 ; statement of Oct. 28, 170; reu;-cs 
submission, Oct. 28, 170, 19S; expelled, 
204 ; sigr.s protest, 205 ; in need of 
??^\-tar.c.'. Nov. 22,217; included in 
sotitcnce of Dec. 10, 22 j ; instituted to 
a b.ncrice, 225; restored, Oct. 25, 16S8, 
263. 

Harvvood, — , v/itness against Fanner, 77, 
Haslewood, Francis (Chaplain), T19, 149, 
20S, 263 ; signs submission, Oct. 25, 
154 ; mandate for a'hnission to a Fel- 
lowship, Nov. 13, iSi ; he declines, 
212, 

Hatch, Joseph (of Kemmerton"!, 223 w. 
Hatton, Vise, letters of TramalUer to, 

165-167, 212-214, 2.^6. 
Haward, Sir W., letter to, from T. Smith, 

261. 

Hawarden 'or Harding), John, admitted 
as Fellow, 247 ; removed by \'isitor, 
263. 

Hawkins, John (Trinity College, Cam- 
bridge', 69. 

Ilawles, Charles (Fellow), 2, 192, 193, 
196, 197, 201, 209 and 210, 251, 
263, 265 ; not present at meeting of 
Aug. 28, 141, 202; 'Passive' as to 
I'arker's admission, 135, 200 ; signs 
submission of Oct. 25, 153 ; statem.ent 
as to charities, 162 ; . statement of Oct. 
28, 170 ; refers to previous submis^^ion, 
170; absent, Nov, 16, 185, 20S, 214; 
cnse left to Parker, 208 ; relations with 
the Demies, 220, 221, 223-225 : ad- 
mitted as Bursar by King's mandate, 
231 ; presented to Willoughby ■? error 
for Slymbridge;, 249 ; to Sl}'mbridge, 
249-251. 

Heame, Thomas, diar\', quoted, 1 8 w., 25 
epitaph on Parker quoted from, 241. 
Heath, — , 74, 

Hedges, Charles (King's Counsel), 56, 
108 and 109, 1 1 2-, I Si, 203, 219- 
221; Magdalen papers of, xxx\-i; letter 
to, Oct. 20, no, in; communicates 
with the College, Oct. 22, 131 ; inter- 
poses in fa^- our of Stafford, 151 ; advises 
that a cr.t?y of sentence on Fairfax be 
demanded, 159 ; letter to, from J. 
Smith, 164, 20: ; his notes of the pro- 
ceedings at Oxford, 191-204. 

Herbert, Admiral, 259 w. 



INDEX. 



283 



Herbert, Lord Chief Justice, i ; present 
at meetings of the Eocl. Com., May 2S, 
; Jiuie 13, f C» ; Aug. 5, So ; Nov. 3, 
17S; at meeting of Nov. 28, states 
opinion that Hough's election was re- 
gnlar, 219 ; at meeting of Dec. 12 
votes against ?entonce on President rnd 
Vellows, 222, 223. 

llesscy, James, Master of Merchant Tay- 
lors' School, 274. 

Hicks, Guy, 177. 

Hicks, Jojin (Fellow). 2, 201, 251 ; not 
present at meeting of Aug. 2S, 141, 203; 
absent, Nov. 16, 1S5, 20S, 214; ill, 192; 
e.xcused, 20S, 210; expelled, Aug. 7, 
; restored, Oct. 25, 263. 

Higgins (or Higgons), Thomas (Under- 
graduate Demy), 119, 216 ; signs sub- 
mission, Oct. 25. 154; mandate for 
admission as Fellow, Nov. 11, iSi ; 
admittcii 194, 20S, 210.. 212. 214, 252; 
replaced as Demy by the Visitor, 261, 
263, 265. 

Hill (or Hills), Robert, T94, 20S. 226 ,1., 
2;.2 ; mandate for admission, Nov. 12, 
iSi ; said to be admitted Demy, Nov. 
16, 210 (but wrongly, see 21 1; ; man- 
date for admission as L")emy, 225, 226, 
232 ; admitted. 231, 232. 

HoMc-n, Henry Fellov.- '. 2. 77 H. H.), 
85-^7» 149. ,153, 19-'. 252 ; signs peti- 
tion to the King, Apr. 24, 40 ; admitted 
actual Fellow about July 22, 16S7, 7S, 
195 ; agreed with I'udsey's letter to 
Sunderland, Aug. 2S, 141, 202 ; and 
with J. Sn)ith's answer to the King, 
Sept. 4, 86, 90 ; will not admit Parker, 
201 ; letters from him, to his father, 
Oct. 21,123-125; Oct. 25,157,158, 
160; Oct. 26, 163, 164; Oct. 28, 174, 
175 ; Oct. 31, 176, 177 ; becomes 
security for the President, Oct. 22, 137 ; 
signs submission, Oct, 25, 153; state- 
nient as to cliarities, 162 ; statem.ent of 
Oct. 28, 170; refuses submission, Oct. 
28, 170, 19S ; and Nov. 16, 193 ; ex- 
pelled, 204 ; included in sentence of 
Dec 10, 222 ; letters from. Jan. 16SS, 
232, 233 ; restored, Oct. 25, 263 ; 
H olden MS., see Magdalen College. 

— Humphrey (father of the preceding), 
letters to, from his son. See Holden, 
Henry. 

Holloway, Judge, 109, 151, 176 ; his 
opinion of the College case, 95. 

— Mr. (son of the Judge', 118, 143, 144; 
presents Benj. Rogers' petition, iiS, 
202. 

— Mrs. (danghter-in-law of the Judge), 

14 = , I 47, 151, I. '^£. 

H..U, Sir J<.hn. 244. 

Holt, Rubert ;Fcllow), 2, 192, 210, 253 ; 



signs petition, Apr. 9, 17 ; address to 
Duke of Ormond, Apr. 19, 37 ; to the 
King, Apr. 24, 40 ; agrees with J. 
Smith's answer to the King, Sept. 4, 
86, 90 ; absent, Nov. 16, 1S5, 208, 214 ; 
case left to Parker, 208 : expelled, 
Aug. 7th, 1688, 249 ; restored, Oct. 
263. 

Holt, Thomas (Demy% iiS, 220, 232, 
233; signs submission, C>ct. 25, 154; 
will not submit to Parker, Nov. 16, 
193 ; a;»pears for the Demies, Nov. 16, 
209, 2 jo; expelled, Jan. 17, 234, 235 ; 
restored, 263. 

Holt, Mr. (? identical with Robeit or 
Thomas), 177. 

Holysake, Henr)' (Chaplain>, 119, 196, 
263; signs suljmission, (.)ct. 25, 154. 

Hooper, William (Fellow), 2 ; a lunatic, 
149, 192, 210, 214, 252. 

Hiipkins, William, 71. 

Horn, Robert, Bishi^p of Winchester, 240, 

Hospital of St. John, 161-163. 

Hough, John (Fellow, afterwards Presi- 
dent), .\li, 2, 34, 35, 37, 38, 41, 49, 51, 
58, 60, 76, 83, 110, 112, 113, 146, 1 47, 
149, 156, 157, 165-167, 174, 195, i,j7, 
212, 221, 252, 253, 256, 268; one of 
the 13 .Seniors, 2, 33 ; Chapiain to Duke 
of Ormond, 36, 158 ; nominated with 
Maynard for Presidentship, 25, 27, 30, 
32 ; elected, 26, 28, 30, 33 ; his account 
of the election (from Hearne), 25;/.; 
admission by tiie Visitor, 34 ; installed 
as President, 30, 35 ; signs address to 
Duke of Ormond, Apr. 19, 37 ; goes 
with petition of Fellows to the King, 
Apr. 27, 41 ; letter to, from Akhsorth, 
June 8, 54 ; takes degree of D.D., 66 ; 
' amoved' from the Presidentship, June 
22, 66, 67 ; letter to, from T. Ludford, 
July I, 74-76 ; from Dr. J. Smith, 
Sept. 4, 86, 87 ; question as to validity 
of sentence against, 102 ; notes f(;r 
answer, 103 ; visits Penn at Windsor, 
104-106; cited as 'pretended Presi- 
dent,' 108 ; appears before the Com- 
missioners, 1 1 7-142 ; demands copy of 
Commission, 117, 202; submits, on be- 
half of College, to the Visitation, so far 
as lawful and statutable, 117, 1 18, 120, 
201 ; objections to sentence of Jime 22, 
118, 121. 139, 199; discussion of statutes 
as to Mass, 120, 166; as to former 
cases of mandates for election, 121 ; as 
to case of President Clerke. 122 ; as to 
conduct of the College in electing, 132, 
133; his conduct before the Commis- 
sioners, 124; refuses, Oct. 22, to give 
up the keys, or to subniit to senience 
of June 22, 125-129, 131-134, i66, 199, 
200; expelled, 125, 126, 128, 131, 132, 



I 



I 



I 
I 



INDEX. 



134, 166, 200; his protest, and the 
disturbance following it, 125, 131. 134, 
I37» M'^-M-> 203; Cartwrighfs 
reply to his appeal, 14T, [42; leaves 
College for lo(jgir.gs in Oxford, 138 ; 
Commissioners' account of th(.ir deal- 
ings Avith hini, 13S-141 ; visits Corn- 

' missioaers, Oct. 24, 145 ; conversation 
with Lady Ossor)-, 158 ; included in 
sentence of Dec. 10, 222; letter from, 
to lion. A. Newport, March 3, 16SS, 
238 ; meets with some of the Fellows, 
Sept. 16.88, to present Dr. IJaylcy to 
Slymbridge, 251 ; restored, Oct. 25, 
263 ; addresses the Visitor on his re- 
storation, 2G0 ; entertains him in the 
lodgings, il>. 

Iluddleton, John, mandate for admi.^sion 
as Demy, 242. 

Hume, D., hi^Lorj' quoted. 258. 

Ihmi'j.hr.y, Lawrence (I'rosidcntX 07, 
245, 248. 

H ungate, Francis, admitted Fellow on 
King's mandate, 238 ; removed by 
Visitor, 265. 

liungate, William, mandate for admis- 
sion as Demy, 242. 

Hunt, George (Fellowi, 2, 192, 193, 252 ; 
his M.S. account of proceedings ciuolcd, 
99 and ill, 117 ; bigns ivjiition to 
the King, Apr. 24. 40 ; agreed with 
Pudscy's letter to Sunderland. Aug. 28, 
1 41, 202 ; with J. Smith's answer to 
the King. Sept. 4, S6, 90 ; visits I'enn 
at Windsor, 104, 106 ; will not admit 
Parker. 201 ; signs submission, Oct. 25, 
153; statement as to charities, 162; 
statement of Oct. 28, 170 ; refuses sub- 
mission, Oct. 28, 198; expelled, 204; 
included in sentence of Dec. 10, 222; 
restored, Oct. 25, 1688, 263; IIwitMS. 
See Magdalen College. 

Huntingdon, Earl of, President at meetings 
of Eccl. Com., May 28, 1687, 50 ; June 
6, 53; Dec. S and lo. 221 ; votes for 
proceeding at once, Dec. 8, ib. 

Hyde, Lawrence (Demy), 118 ; signs 
submission, Oct. 25,154; expelled, Jan. 
17, 1688, 234. 235 ; restored, 263. 

Hyde, Robert (Fellow), 2, 192, 196. 201, 
252; signs petition, Apr. 9, 17 ; address 
to Duke of Ormond, Apr. 19, 37 ; to 
the King, Apr. 24, 40 ; agrees with J. 
Smith's answer to the King, Sept. 4, 
86, 90 ; expelled, 204 ; included in 
sentence of Dec. 10, 222 ; restored, Oct. 
25, 16S8, 263. 

Hyde, Thomas ^of Queen's College;, no 
and n. 

I. 

Ingledew, Benefactions of, 161. 



Innis, William ^chorister), 1 19, 264, 265 ; 
signs subndssion, Oct. 25, 154. 

Ironside, Gilbert (Warden of V\'adham 
College and Vice-Chancellor), 3, 142, 
147, [59^ 168, 1S2, 210, 217, 272 ; 
King's ir;Len,-iew with, Sept. 4, 9!>-92 
(see also 1 8 j ) ; his answer as to degrees, 
93, 94 ; v. rites to the Chancellor on t'le 
question, 95 ; publishes a ' diploma 
against humming,' 145. 

Jackson, E., 54. 

James, John (chorister), 119, 264. 

James II, Intr. passim, 259, 266, 267, 
271 ; mandate of, for Farmer's election, 
Apr. 5, 14 ; petition to. from the 
College, 12, 16; probably not de- 
livered, 17;/., 21, 182 ; mandate of, for 
suspending elections, July iS, 77, 78 ; 
for admission of Parker, 82; his inter- 
view with the Fellows at Christ Church, 
Sept. 4, S4-87, 93; with the Vice- 
Chancellor, 90-92 (see also 182); 
consults Holloway as to proceedings 
against the College, 95 ; questions pro- 
posed to Counsel, 103 ; notes for an- 
swers to them. 102-104; gives instruc- 
tions to Caitwright, Oct. 18, 109 ; 
requires further submission from the 
Fellows, Oct, 27, 1O9 ; desires fur- 
ther sentence on Hough and Fairfax, 
ilf. ; nominates Fellows and Demies, 
169, 181, 184; meets the Conmiis- 
sioners on return from O.vford, Oct. 
29, 176; instructions from, to the 
Commissioners in Nov., 1 8 2-184 '■> 
meets Commissioners, Nov. 17, 211 ; 
receives Dr. T. Smith, Nov. 25, 218; 
letter of, to Parker, Dec. 31, 225, 226 ; 
mandate for Giffard's admission, 242, 
243; dissolves the F'ccl. Com., 252; 
directs restoration of President and 
Fellows, 552-254; his summons to the 
Visitor, 255-259 ; displeased at delay 
in restoring President and Fellows, 
255 ; his account of his dealings with 
the College, 268, 269. 

Jeffries, Lord Chancellor, i, 2, 18, 21, 
95, 97, 107-109, 142, 1S2, 211, 252 ; 
present at meetings of Eccl. Cora., May 
28, 50 ; June 6, 11, 53 ; his remarks to 
Aldworth,53 ; present at meeting of June 
54"5<5 ; his dispute with F"airlax, 55- 
61 ; present at meetings, June 22, 66; 
Jtdy I, 75 ; July ^9' 79; Aug. 5, 80; Oct. 
17, 108 ; letter to, from Commissionersat 
O.xford, 131 ; present at meetings, Nov. 
3, 178; Nov. 28 ;votes for farther 
proceedings), 219; Nov. 29, 220; 
Dec. 8 !/v-otes agamst proceeding at 
once) and Dec. 10, 221 ; Dec. 12, 222. 



INDEX. 



Jenefar, Samuel (Dcrny^ ii8, 223, 225, 
250 ; concerned in Farnier'5 miscon- 
duct, 71 aiid n. ; sign>jsr,bmi5sion, Oct. 
25, 154; admitte'.i Felio-.v, 194, 208, 
210, 212, 214, 252; replaced as Demy 
by the Visitor, 261, 263, 265. 

Jenkins, Mr., 177. 

Jcnks, — , n. 2 (p. 226). 

Jenjier, Sir Tho., FKiron ot the Exchequer 
110, 144, 165, 1G8, icj:, 206, 269, 271 ; 
appointed on the Eccl. Com., 107 ; 
present at meeting of Oct. 17, loS ; 
meets Cartwri^ht and Wright to ar- 
range proceedings, Oct. iS, 109; signs 
letters (Oct. 22) to Jeffries, 132 ; and 
Sunderland, 138 ; differences with Cart- 
wright, 143, 145, 176; explains that 
snbinissioa of Oct. 25 does nut affect 
Hough's title, 150, 154, 15S, 159; 
signs letter to Sunderlaiul, Oct. 25, 
157; oitposed to I'ldiiam's suspcn.-^ion, 
175 ; present at meeting of Led. C<jm., 
Nov. 3, 1 78; leaves London for O.k- 
ford, Nov. 14, iSi ; conversation with 
T. Smith, Nov. 15, 1S2 ; his opinion of 
his own conduct, 211 w. ; present at 
meeting5,C'f Eccl. Cora., Nov. 28, 219 ; 
Nov. 29, 220; Dec. S and 10 (votes 
against sentence), 221 ; Dec. 12, 222, 
223 ; Jen;:er MS., JtV Magdalen College. 

Jesiop. Dr., 15, 17, 22, 23, jS. i 

Johnson, Thomas, letter from, to S. 
Parker quoted, 241. 

Johnston, Natmmiel, 36, 37, 67, S2, 107- 
109, 117 ; papers of, xxxviii ; letters to, 
from Ob. Walker, 236, 237; from T. 
Fairfax, 245-24S. 

Jones, Robert, admitted as Fellow, 247 ; 
removed by \'isitor, 265. 

Jo}Tier \\ illiam (formerly Demy), nomi- 
nate.x to a Fellowship, 169, 175 ; man- 
date for admission, i;ri4 ; admitted, 185, 
191, 192, 207, 210, 212-214, -5-2; re- 
port about him, 210; admitted as 
Bursar by m.ondate, 231, 232 ; removed 
by the Visitor, 265. 

K. 

Keens (or KejTies'^, — , 225, «, 9 (p. 229). 
Ken, Thomas, Bishop of Bath and Wells, 
^253- 

Kennet, — , quoted, 257. 
Kenton, John '^Demy), 119; signs sub- 
mission, Oct. 25, 154; e.Kpelied, Jan. 
^ 17, 16S8, 234, 235 ; restored, 263. 
Kilby, Richard butlerl, 264, 265. 
Kingley, Thomas (of Magdalen College), 
27 r and n. 

King's College, Cambridge, case of, 

272-^274. 
Kirk, Colonel, 217. 



Kirk, John (of Lichfield), 225, n. 2 (p. 
226). 

L. 

Laboume, — . See Leybourn. 

Lake, W illiam (vicar of Chi[ipcnham), 70. 

Laugtiton, John (Trinity College, Cam- 
bri .lge), 69. 

Lavery, Charles, mandate for admission 
as Demy, 2.^2. 

Lavington, — (porter), removed by Visi- 
tor, 265. 

Law, John Halsey, 274. 

Lawrence, — , 95. 

Lawson, Captain, 109, 168. 

Laytun, John (of King's College, Cam- 
bridge), 273, 274. 

Leicester, Earl oi {^c/up. Elizabeth), iii. 

Leigh, — (or Lee), Kings I'roctor, 128, 
132, 13^, 147, 151, 195. 

Leigh,— , (of Adlestrop), letter to, quoted, 
2 1 1 ;^ 

Levett, Henry (Demy), 119; sigms sub- 
mission, Oct. 25, 154; Fellow of 
Exeter College, 260 n. 

Levett, William (Principal of I^Ligdalea 
Hall), 17 ,?}, 70,73. 

Levinz, BajJtist, Bishop of Sodor and Man, 
13-15, 26 fi., iiS and n., 131, 142, 143. 

Lewis, Philip, 225, ?i. 5 'p. 228 ■ ; mandate 
for admission as Fellow, 22;, 232 ; 
admitted, 231, 232 ; admitted Dean of 
Divinity by mandate, id. ; signs notice 
of expulsion, Jan. 16, 234; removed by 
Visitor, 265. 

Leybourn, Bishop, 107, 1S2, 230, 253 
271. 

Leymore, Thomas, admitted Demy on 
King's mandate, 242. 

Lichfield, Earl of, 145. 

Lingard, History of England quoted, 
1 5 fi., 106 n., i6-j. 

Livesay, Charles Demy), iiS ; expelled, 
Jan. 31, 16S8, 236; restored, 263. 

Lloyd, C[aptain?], 109. 

Lloyd, William, Bishop of St. Asaph, 
215, 21S, 244. 

London, College contribution after- the 
Fireof, 161; forrebuildingSt,Paurs,i62. 

Louae, William, 70. 

Lovelace, Lord, 73, 

Lowth, Dr., 241. 

Lowther, Sir John, loS, T09. 

Ludford, Thomas (Fellow , 2, 76? (Tom 
L.', 149, 169, 184, 191, 192, .195, 197, 
252 ; dispensed from taking Holy 
Orders for three years, Apr. 9, 14, 16 ; 
signs petition, Apr. 9, 17 ; letter of, to 
President, 74-76 ; appears for the Col- 
lege against Farmer, July I, 75 ; and 
as deputy, Aug. 5, 80; dies, Sept. i, 
1 68 7, 92 and n. 



286 



INDEX. 



Luttrell, Narcissus, quoted, 6i, 227 n., 
244, 251. 

Lydford, Mat1.hew (clerk\ 119, 263; 
signs submission, Oct. 25, 154. 

M. 

McPherson, quoted, 25.8, 259. 

Macray, Rev. \\iniam Dunn, help ac- 
knowledged, .\x.\i ; dcscrijHion of kawl, 
MS., xxxix ; quoted, 50 n. 

Madan, Falconer, wrote Appendix to In- 
troduction, etc., xxxii. 

Mar^'dalen ColU ge. Sec Intr. f^assim ; 
Jenner, Holden, and Hunt MSS., 
xxxix ; fix date of election for Apr. 
13, 12; letter from, to the Visitor, 
March 31, 13; j^etitioii to the King, 
Apr. 9, 12, 16; mandate to, for Far- 
mer's election, Apr. 5, 14, 15; defer 
reply to King's mandate to Apr. 13, 
2S ; postpone eleciinn to Apr. 14, 29, 
31, 51 ; and again to Apr. 15, 29, 32, 
51 ; letter from, to the Visitor, announ- 
cing election, 31-34 ; address to Duke 
of Ormond, Apr. 19, 36; answer to 
Sunderland's letter of Apr. 21, with 
statement. 37-40 ; address to the King, 
Apr. 24, 40 ; case of ,by C. Aldworth}, 
41-43 ; nioie fully. 43-49 ; citation to, 
fruni Feci. Com., May 2S, 49; state- 
ments in reply, 50-52, 56-61; appear 
by deputies. June 6 to 22, 52-6S ; refuse 
to execute decrees of Feci. Com., June 
24, 68 ; citation in consequence, July 
21, 76; mandate to, for suspending 
elections, July iS, 77. 78 ; appear be- 
fore Feci. Com., by deputies, July 29, 
7S-80 ; and again, Aug. 5, So; answer 
as to order of June 22, ib. ; mandate to, 
for Parker's election, Aug. 14, 82 ; re- 
ceived, Aug. 27, 88 ; reply, Aug. 28, 
83, 84 ; Fellows summoned to Christ 
Church, Sept. 4, 84 ; interview with the 
King, 84-S7, 93 ; answer to him, 87, 
88 ; petition rejected by him, 88, 89; 
address to him, Sept. 6, 92 ; questions 
sent to, from Windsor, 96 ; answers, 
97, 98 ; questions and notes of an--wers 
in the case of ton the King's part', 102- 
104; deputation from, visit Fenn at 
\Vindsor, Oct. 9, 104-106; Feci. Com. 
empowered to visit, 107 ; citation to, Oct. 
17, 107, 108 ; serv ed Oct. 19, 109-T10; 
proceedings of the Commis.-^ioners in, 
112-173, iSi-208; books and statement 
of revenue demanded from, 117, 118, 
133; protest presented by, 146, 147; 
refuse to mstal I'-ishop Parker, 147, 
148; 'submission' of, Oct. 25, 153, 
154, 356, 158; action of. criticiacd iii 
Oxford, 173, 177; justification of it. 



178, 179; answer of, as to charities, 
160-164 ; Trarnullier's account of pro- 
ceedings ngalnst, 165-167 ; further sub- 
mission required, Oct. 28, 169; answers 
returned, 169, 170, 197, 19S ; Fellows 
refuse to submit to Parker as President, 
170-175, 177, 193 ; JUshop Cartw^right's 
account of their action, Nov. 16, 185- 
190; Chapel used by intruded President 
and Fellows, 243, 244. Sec Demies, 
Fellows, President. \'isitor. 

Mander, Penjamia (Demy;, 1 19, 263 ; 
signs submission, Oct. 25, 154; refuses 
a Fellowship, 194, 20S. 

Mander, Thomas (Chaplain), 119, 263; 
signs submission, Oct. 25, 154. 

Manuscripts made use of in tli is volume, 
xxxii-xxxix. 

Mary (Princess of Orange) contributes 
£200 for the expelled Fellows, 223 ; 
referred to as Queen, 274. 

Massey, Tiiumas, Dean of Christ Church, 
94 and «., 16S, 210, 212, 225, n. 2 (p. 
227), 256. 

Maynard, Ldward (tcllow), 2, 35, 196, 
200, 201 ; Chaplain to Lord Digby, 
196; one of the 13 Seniors, 2, 33; 
nominated with Hough for President- 
shi[), 25-27, 30, 33 ; sent with him to 
t!ie Vi.•^itor, 27, 28, 30, 33; his speech 
in pre.-^enting hitn, 30, 31 ; signs ad- 
dress to Duke of Ormond, Apr. 19, 37 ; 
absent, Nov. 16, 185, 208, 214; ill, 
192 ; excused, 20S, 210; expelled, Aug. 
7. 168S, 249; restored, Oct. 25, 263. 

Meare, John (Principal of Brasenose 
College), 142, 143. 

Merideth, Fdward, 225 and n. 3 (p. 
2 28) ; mandate for admission as Fel- 
low, 225, 232. 

Mew, Bishop Peter, see Visitor, 

Middleton, — , (nephew of C. Goring) 
nominated for a Demyship, 169, 175 ; 
does not ai)pear, 194, 208. 

Mordaunt, ^Ir., 168. ' 

Morgan, Charles (clerk), T19, 263, 265; 
signs submission, Oct. 25, 154. 

Morley, George, Bishop of Winchester, 
injunctions of, 55 ; troubles with the 
College, tS6 and n. 

Mortimer, George, 71, 74. 

Mortimer, Martha, 71, 74. 

Mulgrave, Farl of, Lord Chamberlain, 
T06 ; takes Sancroft's place in EccL 
Com., I n. ; present at meetings, ^Lay 
28, 50 ; June 6, 53 ; June 13, 56 ; Aug, 
5, 80 ; orders arrest of Charnock, 81 ; 
present at meetings, Oct. 17, 108 ; Nov. 
3, 178 ; Nov. 28 ^^vcce^ against further 
proceedings, 219; Dec. 12 (votes 
against sentence), 222, 223. 

Miuison, — , secretary to Sunderland, 95. 



INDEX. 



287 



N. 

Nevil, Clement (of Trinity College, Cam- 
bridge), 72. 

Newport, Hon, Aiidre'vV, 238. 

Newton, Sir Isaac, 272. 

Newton, Dr., Counsel for the College, 
.77- 

Niccolles, Robert, 272. 

Nichols, Stephen ■ clerk), 119, 263; sif^ns 

siibmissioa Oct. 25, 154. 
Northampton, College contribution • to, 

afier a fire, 161, 162. 

O. 

Oglethorp, Owen, President, 44. 

Oliver, John, President, case of, 44, 121, 

180, 199, 215. 
Oliver, Sir William, 108. 
Ormond, Duke of, 26 105, 15S; 

address to, from the College. 36, 37 ; 

communicates with the deputies of the 

College, June 16S7, 54- 
Ossory, Countess of, anecdote concern- 
ing, 15 S. 
Owen (fonnerly clcrk\ 14. 
Oxford, liishop of. Sec Parker. 
O.xford. Sec Podleian Library, Corpus 

Christi College, Magdalen College, 

Proctors. 

P. 

Painter, Richard (cook), 264, 265. 

Parker, Mrs., 147, 151, 178, 211. 

Parker, Samuel, Bishop of O.xford, 15, 
80, 88, ICO, 112, 142, 177, 184, 1S7, 
191, 211-214, 218, 220, 225, 230, 243, 
244, 26y, 269 ; mandate for his ad- 
mission as President, Aug. 14, 1687, 
82 ; letter from, to Senior Fellow, S3; 
letters to, from Sunderland. 94-96 ; di- 
rected to consult with Massey and 
Walker, 94 ; in bad health, Sept. 16S7, 
loi, 105 ; question as to his installa- 
tion, 102 ; letter to, from Cartwright, 
142, 143 ; mandate for admission by 
proxy, 144 ; visited by Bishop Cart- 
wright, 145 ; installed by proxy, 147, 
156, 157, 166, 206 ; comes to reside in 
College, 1 78 ; letters to, from the King, 
Dec. 31, 16S7, 225, 226 ; Jan. 7, i6:>8, 
231 ; Feb. 24, 238 ; Mar. 14, 239-401 ; 
summons Demies, who refu.-^e to come, 
233 ; signs notice of expulsion, Jan. 16, 
234; joins in expulsion, Jan. 31, 236; 
his recommendations of candidates dis- 
regarded, 235; illness and death, 240, 
241 ; declares himself of the Church of 
Fngland, ih.\ burial, 241, 242; epi- 
taj'hs upon, 241. 

Parker. Samuel son of the preceding), 
letters to, quoted, 240, 241. 



I'arkins. — , iSi. 

I'ater (Goldsmith), 14. 
Peacock, Charles, 71. 
Peel, Charles Lennox, help acknowledged, 
xxxi. 

Pelham, Henry, 225 n. 2 (p. 227). 

Pelham, Herbert, 235 an^l n. 

J'eniberton, Sir I'lancis, 21, 244. 

Peon, William, interview of, v/ith the 
Fellows, S8 ; writes to the King ('n 
their behalf, SS, 93, 94; conversation 
with Creeds, 93; referred to in anony- 
mous questions from Windsor, 96 ; 
writer of letter to Dr. Bayley or Dr. 
Ald\vorth(?), 98, 99 and n. ; interview 
with deputation from College, 104- 
106. 

I'cnyston (name variously spelt), Charles 
(Fellow), 2, 24, 192, 249 252, 272 ; 
signs petition to the King, Apr. 24, 40 ; 
agreed with Pudsey's letter to Sunder- 
land, Aug. 28, 141, 202 ; wit'i J. 
Smith's answer to the King, Sept. 4, 
86, 90; will not admit Parker, 201 ; 
signs subtiiission, Oct. 25, 153; state- 
ment as to charities, 162 ; statement of 
Oct. 28, 170; refers to previous sub- 
mission, 170; refuses submission, Nov. 
16, 193 ; expelled, 204; in need of as- 
sistance, Nov. 22, 217 ; included in 
sentence of Dec. 10, 222 ; vicar of 
Sandhurst, near Gloucester (Dec. 18?), 
222;/., 225; restored, Oct. 2;, 16S8, 
263. 

Pepys, Samuel, letter »to, from W. Blath- 
wayte, 87. 

Peterborough, Earl of, 107, loS; his 

regiment. 73, no, 168, 204. 
Petre, Father, 106 and n., 109. 1S2, 218, 

230 ; manages fdling up of places in 

College, 230, 235. 
Philips, Colonel, 108. 
Pierce, Thomas, President, case of, 19, 

42,44,164,215. 
Piggott, Francis, organist, 263. 
Pinfold, Sir Thomas, 56, 219-221. 
Plowden, Edmund, 225 n. 8 (p. 2:9). 
I'lowden, Joseph, 225 w. 8 ( p. 229 j. 
I'lowden, Thomas, 225 n. 8 i^p. 229). 
Plowden. William, 225 n. 8 ip. 229); 

mandate for admission as Fellow. 225, 

2.^2; admitted, 231, 232; acting as 

Vice-President, 265 ; removed by the 

Visitor, ib. 
Poulton, — (schoolmaster in the Savoy), 

109, and w., 227 /z., 271. 
Powell, Justice, 109, no, 176. 
Powell, Sir Thomas, 106. 
Powell, Mrs., to6. 
Povvis, Marquis of, 108, 1S2, 
President, Lord. See Suziderland. 
President, statute as to election of, 4 <t 



288 



INDEX. 



seqij. ; to be chosen from Fellows of | 
Magdalen or New Collej^e, or those | 
who have been suoh, 5 ; to be presented 
to P.ishop of Winchester and instituted 
by him, 7; oath of, 8 ; previous cases 
of recomnaendDlion by the Kincj, 42, 
44. .S'^^ Bond, C'lerke, Covc.ney, GifTard, 
Haddoa, lloiij^ti, }Iunij>hrcy, Oi^le- 
thorp, Oliver, i'arkcr, Penrce, Kouih. 

Preston, — , benefactions of, 161. 

Price, Dr. •? P>ricc>, cliallcnged by Char- 
nock at Whitehall, 81, 

Price, Thomas , chorister), 119, 264 ; sicMis 
submission, Oct. 25, if;4. 

Prince (chorister), li;;, 264. 

Prince, John brewer;, 26.}, 2^5. 

Prinne, W., Tract of, on X isitation sent to 
N. Johnston, 237. 

Proctor, the Kin<,' s. See Ixi^h. 

Proctors of the University, sent for by 
Commissioners to kce[) onk-r, 113. 

Protestants, French, assisted by the Col- 
lege, 161, 162. 

Pudsey, Alexander Fellow), 2, 135, 137, 
192, 196, 197, 201, 216, 225, 251, 26s ; 
one of the thiriCvn Seniors, 2, 33 ; 
Scrutator, 2, 30, 32 ; signs petition, 
Apr. 9, 17; votes for a new petition, 
Apr. 15, 24, 29; administers oath to 
the Vicc-Prtiaidcnt, 32 ; signs add.'ess 
to Duke of Orniuiid, Apr. I9. 37 ; the 
King, Apr. 24, 40 ; refuses to execute 
decrees of F.ccl. Com., 69 ; ap[»ears 
before Eccl. Com. as deputy for the 
College, Aug. ■;. lo; receives mandate 
of, Aug. 14, ami Parker's letter, S2-S4 ; 
his replies, S3. >!4 ; appears before the 
King, Sept. ^, ^'4 ; presides at meeting 
the same day, SS ; agrees in ansui r to 
the King, SO-90 ; answers doubtfully 
as to admitting Parker, 131, 132, 140, 
152, 195, 200; instructs the Comm. 
in the form of admission, 131 ; acknow- 
ledges letter to Sunderland of Aug. 2S, 
141, 202 ; answer as to submission to 
Parker, 150, 195 ; signs submission of 
Oct. 25, 153 ; statement as to charities, 
161 ; statement of Oct. 28, 170; refers 
to previous submission, 170; said not 
to have refused submission, C)ct. 28, 
177 ; refuses submission as proposed, 
Nov, 16, 193; expelled, 204; included 
in sentence of Dec. 10,222; restored, 
Oct. 25, 168S, 263. 

Pudsey, William, answers of, to questions 
as to oaths of allegiance and supremacy, 
20, 21. 

Pullej-n, Benjamin (Trinity College, Cam- 
bridge), 69. 

R. 

Ramett, removed by Visitor, 265. 



Randolph. — (of Magdalen Ilalk, 75. 
Rawlins, Mich, (of Abingdon), 77. 
Rawlinson MSS. Sec Rodleian Library. 
Renton. See Kenton. 
Reynolds, — , Cf.non of Exeter, 274. 
Rigaud, Major-Geueral Gibbes, xxxi. 
Rigby 'clerk). See Ryaly. 
Roberts, Pat., notary, 262, 264. 
Rochester, Earl of (Lord Treasurer; i 
and n. 

Roderick, Provost of King's College, 

Cambridge, 273, 274. 
Rogers, Benjamin, Mus. Doc, petition of, 

to the Commissioners, 118, 163. i6.{, 

2C2, 203; 'Paper against the Cook,' 

203. 

Rf"_fers, John (Fellow\ 2, 192, 251 ; 
l>ean of Diviiiity, absent at the elec- 
tion, 25 and n. ; signs petition to tlie 
King, Apr. 24, 40 ; agreed with Pu'l- 
slv's letter to .Sunderland, Aug. 2S, 141, 
202 ; and with J. Smith's answer to 
the King, Sept. 6, 86, 90 ; will not 
admit Parker, 200 ; signs submission of 
Oct. 25, 153 ; statement as to chariiies, 
162; statement of Oct. 28, 170: re- 
fuses submission. Oct, 28, 19S ; and Nov. 

16, 193; expelled, 204; included in 
sentence of Dec. 10, 222; restored 
Oct. 25. 16^8, 263. 

' Roguery,' name for Dr. Thomas Snuch, 
212 and 

Ross, John, 225 n. 11 (p. 230); mandate 

for admission as Fellow, 225, 232 ; 

admission, 231, 232 ; removed by 

Visitor, 265. 
Routh, ^Llrtin Joseph 'President\ 240; 

his notes to Burnet's ' History' quoted, 

17. 87, 90, 158, 240 244, 259 n. 
Rowland, Mr., 109. 

Russell, — (clerk). See Bassett. 

Ryaly, Thomas (cleik\ 119, 263 ('Rig- 
by'); signs submission, Oct. 25, 154. 

Ryland, John (of Magdalen Hall), 70, 74, 
75- 

S. 

Salcombe, James, 223 n. 
Salter, — , 266. 

Snncroft, William, Archbishop of Canter- 
bury, 21S, 24T, 251, 254, 255/;.; 
named on Eccl. Com., i and n. 2 ; 
conversation of, with T. Smith, 15 ; 
letter to, from Bishop of W inchester, 
Oct. 14, 16S8, 259. 

Sanderson, Mr., 4, 28. 

Sanderson, Bishop, * Dc obligatione Jura- 
menti,' 103. 

Scarborough, Sir Cba-ies, loS. 

Seller, Abednego, 225 n. 2 (p. 22S). 

Seymore. Sec Levn:ore. 

Sewell, William (of Exeter College), 271. 



INDEX. 



289 



Shenvin, William, 79 and letters from, 

to T. Turner, Jnly 31, 16S7, 79. >so ; 

Sept, 25, loi, 102; Oct. 28, 175; 

Oct. 31, 176; Nov. 6, 17S, 179; Nov. 

17, 212; Nov. 18 (?), 214; Nov. 20, 

216, 217; Nov, 22, 217, 21S; Dec. 

29, 224, 225, Jan. S, 16S8, 231; Dr. 

J'airfax reraovLS to his house, 179; 

refuses Fcllov.'ship for his son, 217. 
Shenvin, William (^Demy), son of the 

preceding, 79, 119; signs submission 

of Oct, 25. 154; Fellowship offered 

him, 217 ; dispute with Chamock, 223- 

225; expelled, Jan. 17, 16SS, 234, 

235; enters St. Edmund Hall, 235; 

elected Fellow of Merton, June 14, 

1OS8, 2ivS;/., 260;/. 
Short, Richard, mandate for admi^^ion as 

Fellow, 2. -59, 240 (sec note) ; removed 

by the \'i.:itni. ■2C5. 
Short, Thomas, 27,9 )i. 
Shuttleworth, John (chorister), 119, 264. 

265; signs submission, Oct. 25, 154. 
Shuttleworth, I,ady, daughter of i'residcnt 

Gierke, 3. 

Slack, — (chori>ter). See Clerk. F.dward. 

Smith, Francis (Fellow), 2, 201, 202, 
251; absent, Nov. 16, 1S5, 214; 
travelling abroad, 192, 20S ; had been 
absent three or four years, 196; ex- 
cused by Commissioners, 208, 210; 
expelled. Aug. 7, 16S8, 249; restored, 
Oct. 25, '263. 

Smith, John (Fellow), 2, 68, 75, 192, 
196, 201, 251 ; one of the thirteen 
Seniors, 2, 33 ; signs address to Duke 
of Ormond, Apr. 19, 37; to the King, 
Apr. 24. 40; deputed to appear before 
Eccl. Cora., 52, 53; signs answer on 
behalf of the College, 55; ; letter from, 
to Aldworth, July 13, 76, 77; cannot 
obey the King in electing Parker, Sept. 1 
4, 86, 89 ; letter from, to the President, j 
Sept. 4, 86, 87 ; his form of sub- 
mission, Oct. 25, 154; letter from, to 
Hedges, Oct. 2(5, 164, 202 ; refuses 
submission, Nov. 16, 193 ; expelled, j 
204; included in sentence of Dec. 10, | 
222 ; restored, Oct. 25, 168S, 263. j 

Smith, John (clerk), 119, 263, 265 ; signs | 
submission of, Oct. 25, 154. j 

Smith, Ralph, case of disputed election | 
between, and N. Bond, 46, 97 and | 
248. I 

Smith, Thomas (Fellow), knowTi also as ; 
'Tograi' and ' Roguery,' 210, 212 ; diary, 1 
xxxix and/aj\^-/w ; 2, 122, 192, 196, 197, • 
201 , 208, 209 ; one of the thirteen Seniors, j 
2, 33 ; said to have applied for a man- i 
date in his own favour, 3 ; conversations i 
with Younger and Parker, 3 ; abandons ; 
the idea of a mandate, 4 ; conversation ' 



with Sancrofl, 15; signs petition of, 
Apr. 9, 17; delivers it to Sunderland, 
Apr. 10, //'. ; ktttr of, to Aldworth, ; 
'iuipailial Relation,' wror.i^dy ascriiicd 
tc, 10 ; wished to present petition to 
the King in person, 19; visits Sunder- 
land, Apr. 12 and 13, 22; returns to 
Oxford, Apr. 14, ih. ; interview with 
Aldwoi th and others, ib. ; conversation 
with Aliiworth, Apr. 15, 23; flelivers 
Sunderland's answer to the P"ellow3, 
Apr. 15. 23, 27, 29; advises a new 
petition to the King, 23-25, 27, 
29 ; prevented from leaving the Chapel 
before the election, 25 ; did not vote 
fur Hough, 36 ; name appended (with- 
out his knowledge) to address to Duke 
of Ormond ; docs not agree to the 
answer to ^Sunderland's letter of April 
2 1, 40, 41 ; will not be present at 
meetings for further petitions, 41 ; goes 
to London early in June, 52 ; anony- 
mous letter to, iii, 112; not present 
at meeting of Aug. 28, 141, 202 ; an- 
swers 'doubtfully' as to admitting 
Parker, 131 -133, 140, 152, 153, 
166, 195, 200; will obey President 'in 
Ileitis et honcstis,' 150, 152, 154, 156, 
193; signs statement as to charities, 
161; and gives in a statement of his 
own, 162, 163, 202 ; Stafford dissuades 
him from a complaint to the Com- 
missioners, 163, advice as to further 
submission, Oct. 28, 172, 173; did not 
refuse it, 177 , conversation with the 
Commissioners, Nov. 15, i^^2 ; excused 
subscri[)lion, Nov. 16, 190, 191, 206 
(see also 205 and w.), 207, 210, 212- 
214; leaves Oxford for Tondon, 
Nov. 18, 20S, 216; his interview with 
the King, 2 iS ; with Bishop Cartwright, 
230; proposes to return to College to 
claim use of the Chapel, 230, 244; 
named as Bursar by the King, 231 ; 
summoned to Oxford, Jan. 19, 1688, 
but does not go, 235 ; expelled, Aug. 
3, 204, 248, 249 ; conversations with 
the Visitor. 253, 254, 256; returns to 
Oxford, Oct. "23, 256 ; restored, Oct, 
25, 263 ; letter from, to Sir W. Haward, 
Oct. 27, 261. 
Smith, Dr., preacher at Christ Church, 142. 
Smith, — , King's messenger, 35. 
Solicitor-General, Somers, 273, 274. See 

also Williams. 
Somerset, Duke of, 274. 
Southwark, College contribution to, after 

a hre, 161, 162, 
Sparkes. — , Chaplain to Lord Chancellor, 

refused a degree. 95, 97 101. 
Sparrow, William, 223 «. 
Spencer, — , 118. 



■' I 



290 



INDEX. 



Sprat, Thomas, Bishop of Rochpstcr, t 
and 211, 255, 273; present at 
meetings of Eccl. Com., May 28, 50; 
June 6, 53; June 13, 56; Auq;. 5, So; 
Nov, 3, 178; Nov. 2i> (gives opinion 
that Hough's election was regular), 
219; Nov. 29, 220; Dec. 8 ami 10, 
221; l')ec. 12 (votes against sentence), 

322, 223. 

Stacey, Daniel (Demy), 119; signs sub- 
mission, Oct. 25, 154; cxpellef.l, Jan. 
17, 16S8, 234, 235; restored, 263. 

Stafford, Rolsert, mandate for admission 
as Demy, 242. 

Stafford, Thomas (Fellow), 2. 192, 196, 
201, 251 ; one of the thirteen Seniors, 
2) 33; signs petition, Apr. 9, 17; ad- 
dress to Duke of Ormond, Apr. ig, 37 ; 
to the King, Apr. 24, 40; agreed v. ith 
Pudsey's lettc-r to Sunderland, Aug. 
28, 135, 141, 202 ; and with J. Smiths 
answer to the King, Sept. 4, 86, 90 ; 
will not admit Parker, 200 ; offers a 
paper to the Commissioners, Oct. 2-;, 
but witiidraws it, 145-T47, 151, 152, 
195; signs submission, Oct. 25, 153; 
statement as to charities, 161 ; replies 
to Penj. Rogers' petition, 163, 203; 
dissuades T. Smith from making a 
complaint, 163 ; requests removal of 
Aldworth's suspension, 16S; signs state- 
ment of, Oct. 28, 1 70 ; refers to previous 
submission, 170, 174, 19S ; refuses sub- 
mission, Nov. 16, 193; ex[;elled, 204; 
included in sentence of, Dec. 10, 222 ; 
restored, Oct. 25, 1688, 263. 

Standard, Robert (^Demy , 118, 263; signs 
submission, Oct. 25, 154, 

Stanhope, Geo., Dean of Canterbury, 273. 

Stanton Miles (chorister , 119, 264; signs 
submission, Oct. 25, i-;4. 

Steward. Sec Almont, James. 

Stonehouse, George (Demy), iSS, 220; 
signs submission, Oct. 25, 154; expelled 
Jan. 31, 1688, 236; restored, 263. 

Strickland, Robert Fellow), 2, 192, 196, 
200-202, 251 ; one of the thirteen 
Seniors, 2, 33 ; signs petition of, Apr. 
9, 1 7 ; address to I'uke of Ormond, Apr. 
19' 37; to the King, Apr. 24, 40; agrees 
with J. Smith's answer to the King. 
Sept. 4, 86, 90 ; refuses submission, 
Nov. 16, 193 ; expelled, 204 ; included 
in sentence of Dcc. 10, 222 ; restored 
Oct 25. 16S8, 263. 

Stubbs, John (Joseph, p. 154), chorister, 
no, 264: signs submission, Oct. 25, 154. 

Stubbs, Thomas (manciple), 265. 

Sundays, list of, xlix. 

Sunderland, Farl of. Lord President, i 
and n., 87, 91, 106, 107, f iS, 142, 176. 
1 82, 186, 191, 211, 218, 235, 252, 253 ; I 



signs mandates of Apr. 5, 1687, 15 ; 
July 18, 78; Aug. 82; Oct. 23, 
144; Dec. 31, 226; Jan. 7, 1688, 231; 
Yah. 24, 238; March 14, 240; letters 
to, from the Visitor, Apr, 8, 15 ; from 
Commissioners at Oxford. 131, 132, 

137, 138, \ 157; letters from, to the 
Vice-President and Fellows, Apr. 21, 
37 ; to the College, Aug. 21. 82 ; to 
Parker, Sept. 9. 94, 95; Sept. 19, 96; 
to the Vice-Chancellor, to Commis- 
sioners at Oxford, Oct. 23, 143, 144; 
Oct. 27, 169; to the Visitor, Oct. 11, 
I6^8. 262; Oct. 13, 1688. 264; to 
Archbishop Sancroft, 255;/.; in his 
own defence, 266, 267 ; petition of, 
Apr. 9. delivered to him, 171 > see note); 
interviews with T. Smith and P.agshaw, 
17, 18, 22 ; present at meetings of the 
Feci. Com., May 28, i6>;7, 50 ; June 
^V- 53; J"'^«^ 13. 1687; June 22, 66; 
Aug. 5, So ; Oct. 17, 108 ; account of 
proceedings sent to him from Oxford, 

138, 14T ; present at meetings of Feci. 
Com. Nov. 3, 178 ; Nov. 28 (votes for 
further proceedings), 219; Nov. 29, 
220; Deo. 8 (votes for proceeding at 
once), and Dec. 10, 221; Dec. 12, 
222. 

Suj)remacv, questions as to the oath of, 
19, 20. 

Sykes, Thomas, letters of, to Charlett, 
Sept. 7, 1687, 93, 94; Sept. 16, 95; 
Nov. 16, 209, 210. 

T. 

Tanner, Bishop The, letter from quoted, 

241, 242. 
Tarer(?). D 192. 
Tea, Ch., 77. 

Teignmouth, Lord, ' Reminiscences ' 

quoted, 271. 
Tennison, T., 215. 
Tirryl, — , 2;;7. 

Thompson, Fdward Maunde, help ac- 
knowle('lged,xxxi; letters published by, 
167, 168 ; 212, 214 ; 256. 
Thompson, Jasper (Fellow), 2, 192, 196, 
201, 202, 208, 209, 235, 251, 263, 265 ; 
signs petition, Apr. 9, 17; votes for 
electing vivdvoce, 27, 29 ; said to have 
left the Chapel before the liturgy, 25 ; 
returns afterwards, ib. ; does not take 
the elector's oath, 25, 26, 30, 32 ; de- 
clares vivd voce for Farmer after 
Hough's election, 28 ; said to have 
dissented from J. Smith's answer to the 
King, Sept. 4, 93 ; said (by T. Smith) 
to have answered that he would admit 
Parker, Oct. 22, 133; excused from 
I subscription to submission, Nov. 16, 



INDEX. 



at his request, 190, 191, 193, 205, 206, 
210, 214. 

Thornton, Robert (Fellow), 2, 192, 196, 
202, 210, 352; signs petition to the 
King, Apr. 24, 40 ; agrees with J. 
Smith's answer to him, Sept. 4, 86, 90 ; 
absent, Nov. 16, iSp, 20S, 214; case 
left to Parker, 20S ; expelled, Aug. 7, 
16S8, 249; rtstored, Oct. 25, 263. 

Thornton, William (error for vShcrwin?', 

' Tograi,* name for Ur. Thomas Smith, 

210, 212 71. 

Toures, loS, 109. 

Tramallier, Thomas (of Jesus Coll.", 
letters of, to Lord Ilatton, 165-167, 
212-214, 256. 

Treby (Attorney-General), 273, 274. 

Trelawney, Sir J. (Bishop of Bristol\ 
presents Peny>ton to Mcarage of Sand- 
hurst, Dec. 16S7, 222 249, 

Tucker, — , Registrar to the Commissioners 
at O.xford, 113, 142, ir»9, 171, 172. 

Turner, Francis, Bishop of Fly, 79, 106, 
253- 

Turner, Thomas (brother of preceding \ 

letters to, .Stv Sherwin. 
Turner, Thomas (chorister), 119. 264 ; 

signs subaiiasion, Oct. 25, 154. 

U. 

Upman, — , Fellow of Eton College, 272. 
V. 

Vavassor, — , 230. 

Vesey, Richard (Demy), iiS, 232, 233; 
signs submission. Oct. 25, 154; ex- 
pelled Jan. 17, i6S8, 234, 235; restored, 
263. 

Vice-Chancellor. See Ironside. 
Viner, W. (of Foxcomb Hill). 77, 
Visitation, payments in respect of, 264, 
265. 

Visitor (i.e. Peter Mew, Bishop of Win- 
chester), 51, 1S6; letter to, from the 
College, March 31, 13; reply of, ib.\ 
read to the College, 14; grants dis- 
pensation from Orders to T. Ludford, 
14, 16 ; letters of, to Sunderland, Apr. 
8, 15, 17, 19; to the College, Apr. 8, 
16 ; reply to Maynard's speech, 31, 34 ; 
admits Flough as President, 34 ; letter 
to, from Sunderland, Apr. 16, 34 ; reply, 
35 ; communicates with Deputies of 
the College. June 16S7, 54 ; questions 
and notes of answers as to his powers 
and their reb.tum to the King's, 102, 
103 ; question as to the King's right 
to supersede, iii; directed by the 
King to settle the College statutably. 



252, 253 ; letters to, from Sunderland, 
Oct. 11, 262; Cel. 13, 364; con- 
versation with T. Smith, 253, 254 ; 
letter from, to Sancroft, Oct. 14, 2.;9 ; 
announces \'isitatioa for Nov. 2, ljut 
goes to Oxford Oct. 20, 254 ; recalled 
from Oxford by the King, 255-259; 
returns to Oxford Oct. 24, 256 ; re- 
stores President rnd Fellows, Oct. 25, 
256, 260-265 ; address to them, 260, 
261 ; orders allowance to those re- 
I moved, 261, 264; official account of 
his proceedings, 262-265 > marks 
in the Buttery Book, 265. 
Visitors (on behalf of the Feci. Com.). 
Sec Commissioners ; aho Cartwright, 
Jenner, Wright. 

W. 

Wales, Prince of. 255, 256, 259 
Walker, Obadiah (Master of University 
College), 71 and 73, 94 and 173, 

I 210, 21 2, 22^nn.2 and4(pp. 227, 228), 

I 256, 271 ; letters from, to X. Johnston, 

I 236. 237. 

I Walkins, Sec Watkins. 

! Walsh, — , JiS. 

; Warburton, John. 208 ; mandate for ad- 
! mission, Xov. 12, iSr, 

\\'arner. Sir John {alias Clare), letter to, 

225 «. 2 (pp. 227, 22S). 
Warner, Father (^?same as preceding', 
loS. 

Watkins, Richard (Demy), 119; signs 
submission, Oct. 25, 154; e.Kpelted, 
Jan. 17, 168S, 234, 235; re:>torcd, 
263. 

Watson, Thomas (Bishop of St. Davids), 
109. 

> Waj-nflete, William (Bishop of Win- 
cl;ester), referred to as Founder, /ajjvV/ ; 
left no ordinance as to College charities; 
161. 

j Weelks, Stephen (Fellow), 2, 192, 152; 
signs petition. Apr, 9, 17; address to 
liuke of Ormcnd, Apr. 19, 37; to the 
King, Apr. 24, 40; agreed witli Pudsey's 
letter to Sunderland, Aug. 28, 141, 
202 ; with J. Smith's answer to the 
King, Sept. 4, 86, 90; will not admit 
Parker, 135, 201 ; signs submission, 
Oct. 25, 153; statement as to charities, 
162 ; statement of, Oct. 28, 170 ; refuses 
submission, Oct. 28, 170, 19S ; and 
Nov. 16, 193; expelled, 204; signs 
protest, 205 ; included in sentence of 
Dec. 10, 222 ; restored, Oct. 25, 1688, 
263. 

I Welch, Walter ;of Merton Coll.), ad- 
I mitted Demy, 104, 208, 210, 217, 
i Wellington, Duke of, 271. 



292 



INDEX. 



Wells. Theodore (Demy), T19; signs 
subnsis'-ion, Oct. ^5, 154; expelled, 
Jan. 17, 16SS.. 234. 2. Hp ; restored, 263. 

Weston, Ju'lge [temp. K!iz.\ iit. 

Whalley, Bradley lof Merton College^, 
admitted Demy, 194, 20S, 210, 217, 
252. 

Whitbread, 225 n 9 (p. 229"!. 
White, Thonias (E-shop of Peterborongh\ 
253- 

William. I'rince ot Orange, 225 11. 2 'p, 
227), 255, 2,:;S, 259 and 267, 270; 
referred to as King. 272. 274. 

William?;, Thomas (clerk), 1 19, 263, 265 ; 
adniitled, Apr. 2, i6j>7, 14; signs sub- 
mission, Oct. 2 = , 154. 

Williams, Wiliiam, Solicitor-General, 56, 
219-221. 

'\Vilniot. Jolm, life of Hough, xli. 

Wilson, JxCv. IIen:>- Av.stiu. compiled the 
Index and Kr.^ala. xxxii ; account of 
the Buckley MS., xxxvi. 

Winchestef, Bishop of. Sec Cooper, 
Horn, Morlcy, Visitor. 

Withers, — , 250. 

Wickens, William (Chaplain to Bishop 
of Oxford^ 83, no, 113; degree of 
D.D. demanded for him, 93, 94, 97 n. ; 
refused by Convocation, 95. loi ; in- 
stalled as Pro.Ky lor Parker, I47, 14S, 
151-153. i-;7, 19;; receives possession 
of the lodging?, 149. 157. 

Ward, Jolin. aiiiidttcd as Fellow, 247; 
acts as Bursar, 249; removed by 
Visitor, 265. 

Wood, Anthony a, 245 ; quoted, 88, 90, 
241 ; Hist. Univ. Oxon, referred to, 
10.^, 237. 

Wo )d, Laurence, 208 ; mandate for ad- 
mission of, iSi, 225, 232 ; admitted, 
231, 232 ; removed by Visitor, 265. 

Wood, Richard (chorister), 119, 264; 
signs submission, Oct. 25, 154. 

Woodward, George (Demy), iiS; signs 
submission, Oct. 25, 154; expelled, 
Jan. 17, 16SS, 234, 235 ; restored, 263. ' 

Woolhouse, John, admitted Fellow on 



j . King's mandate, 2 38 ; removed by 
Visitor, 265. 
Wcrdsvv'orth, Robert (chorister), 119, 

I 264; signs submission, Oct. 25, 154. 

1 Wotton, Charles (chorister), 119, 264; 

! signs submission. Oct. 25, 154. 
Vv'right, Richard (Usher), 196, 263. 
Wright, Sir Robert (Lord Chief Justice), 
110, 143, T44, 165, iSi (?I95^, 269; 
named on the F.cck Com,, 106, 107 ; 
present at meeting, Oct. 17, icS ; meets 
Jenner and Cartwright, Oct. iS, 109 ; 

I anon}mous letter to, 1 25 ; signs letters, 

[ Oct. 22, to Jehries, 132 ; and to Sunder- 
land, 1 38; complains of affronts re- 

I ceived from the College. 136; explains 

j that submission of Oct. 25 does not 
affect Hough's title, 154, 15S, 159; 
signs letter to Sunderland, Oct. 25, 
157; arswcrs Chamock's question as 

I to I'-.i- :^, 1G7 ; preseiit at meetings of 

• Eccl. Cona., Nov. 28 (votes for further 
proceedings^ 219; Nov. 29, 220; Dec. 
8 (votes for delay in proceeding), and 
Dec. ID, 221; Dec, 12, 222. 

Y, 

Valden, Thomas (chorister", 119, 264. 
i Vate (or Veate , Daniel (cook% 196, 264, 
265. 

Yerbury, Edward (Fellow), 2, 192, 196, 
; 201, 202, 252 ; signs petition of Apr. 
I 9, 17; address to Duke of Ormond, 
I Apr. 19. 37 ; to the King, Apr. 24, 40 ; 
I agrees with J, Smith's answer to the 

King, Sept. 4, 86, 90; expelled, 204; 

his protest, 194, 205 ; included in 

sentence of Dec. 10, 222 ; restored, 
I Oct. 25, 168S, 263. 
I Young, — (error for Goring?), 106. 
! Younger, John (Fellow\ 2, 201, 208, 
I 214, 252, 2:3, 263, 265; chaplain to 
I Princess Anne, 3, 185; conversation 
I with T. Smith, 3 ; appointed to deliver 

petition of Apr. 9 to Sunderland, 28 ; 
I excused attendance, Nov. 16, 1S5, 192. 



THE END. 



3384 



i